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03/02/1982 - City Council Regularf 1 (. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 2, 1982 A regular meeting of the Eagan City Council was held on Tuesday, March 2, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Smith, Thomas and Wachter. Also present were Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. GIRL SCOUT WEEK Several Girl Scouts from the Eagan area were present and presented a Resolution requesting that the Mayor proclaim March 7 through March 13, 1982 as Girl Scout Week in Eagan. The Mayor read and signed the Proclamation. AGENDA Smith moved, Wachter seconded the motion to approve the Agenda. All voted yes. Upon motion by Wachter, seconded Egan, it was resolved that the Minutes of the February 16, 1982 meeting be approved with the exception on page 4 that the approval was for concept approval of preliminary plat only for Cedar Cliff. All voted yea. PUBLIC WORKS DEPARTMENT 1982 SANITARY SEWER & HATER COMPREHENSIVE PLAN UPDATE The firm of Bonestroo, Rosene, Anderlik & Associates has updated the Sanitary Sewer and Water Comprehensive Plans and has now published the pro- posed Comprehensive Sewer Policy Plan of 1982 and Water Supply and Distribu- tion Plan of 1982. The books had been distributed to the Councilmembers prior to the meeting and there were questions from councilmembers regarding certain aspects of the plan. The proposed rate adjustments for assessments for sani- tary sewer, water and storm sewer purposes in the City for 1982 were also reviewed including the major street benefit charge. Wachter moved, Egan seconded the motion to adopt the foregoing reports and also to approve the 1982 assessment rates for sanitary sewer, water and storm sewer as proposed by the Public Works Department, and in addition the major street benefit charge with the understanding that the major street levy and estimated assessments for major streets be reviewed by the staff for accuracy. All voted in favor. CONSENT AGENDA D 82 -5 Upon recommendation of staff, the foregoing consent agenda items were recommended for approval: 1. Improvement #81 -10 Change Order #1 _ Tomark First Addition. It was recommended that Change Order #1 to Improvement #81 -10 in the amount of $6,704.00 covering Tomark Addition, be approved. Council Minutes March 2, 1982 2. Winkler /Jackson Addition - Trunk Water mended that Change Order #1 to Improvement #81 -13 with Erickson Construction Company be approved. Main #81 -13. It was recom- in the amount of $14,721.00 3. MnDOT Trunk Highw #55 & #149 Upgrading Agree The staff recommended approval of the MnDOT Cost Participation Agreement No. 60740 covering Trunk Highways #55 and #149 upgrading under Improvement Project #353 and that they authorize the Mayor and Clerk to execute the Agreement. R 82 -9 SEE AGREEMENT FILE Egan moved, Smith seconded the motion to approve the foregoing Consent Agenda items. 4. Comsery First Addition Grading/ Excavation Permit. Smith moved, Wachter seconded the motion to continue consideration of the application of Comserv, Inc. for grading /excavation permit to include foundation permit for the proposed building on Highway #13 until later in the meeting. All voted in favor. HEIGHT IM11TATION ORDINANCE NO. 52 REVISION City Administrator Tom Hedges first explained to the Council that a film regarding fire safety issues regarding high -rise buildings would be reviewed by the Council and other interested persons present. After the completion of the film, Mr. Hedges reviewed the proposed amendment to Ordinance No. 52 dealing with the revision to the restrictions of height limitations on commer- cial and industrial buildings above 3 stories. There was discussion con- cerning the solar energy aspects of construction, and it was recommended that hellicopter pads not be approved for the rooftops of the buildings and it was also noted that greater Uniform Building Code requirements are imposed for buildings in excess of 70 feet. There were several interested persons present, including Mary Teska who was concerned about National Wildlife Refuge and the critical areas proposal. She distributed a booklet including informa- tion regarding some of the issues that she raised at the meeting. She also questioned whether the public hearing process had been followed by the City and it was explained that the meetings had been held by the Height Limitation Committee, the City Council and Planning Commission had reviewed applications regarding requests to exceed the height limitation of Ordinance No. 52, and that the Planning Commission had considered the revision at its meeting on February 23, 1982. Gardner Miller also asked the Council to review bluff controls and study issues concerning view by property owners along the bluff line of the Minnesota River Valley. The APC had considered the item as an Agenda item at its February 16, meeting. It was also noted that information on critical areas could be considered if such an ordinance was presented and reviewed by the Council. After considerable questions and discussion, Wachter moved, Thomas seconded the motion to approve the ordinance amendment as presented to the Council with the revisions that were discussed during the Council meeting and further to authorize the publication of the amendment in the legal newspaper. All voted yea. SEE ORDINANCE BOOK Council Minutes March 2, 1982 AHCON CORPORATION - RAVINE PLAZA PRELIMINARY PLAT The application of Amcon Corporation for rezoning from A (Agricultural) to PD (Planned Development) to allow two office buildings and hotel complex, for preliminary plat approval of Ravine Plaza and for variance to exceed height limitations in a commercial district was then considered by the council. The rezoning would cover approximately 19 acres to include two office buildings and a hotel- restaurant facility and a preliminary plat would cover three lots. The Planning Commission first considered the application on October 27, 1981 and recommended denial at its November 24, 1981 meeting. It was noted the Height Limitation Committee has now met and made recommendations to the Planning Commission and City Council and has been acted upon by the City Council. Pat Gannon appeared for the applicant and indicated that his application was for concept approval rather than for preliminary plat approval. He discussed the comments from various agencies and noted that there were letters from MAC, MnDOT and the Metropolitan Council. The MnDOT ordinance is a model ordinance only, controlling traffic from the Minneapo- lis/St. Paul International Airport. Councilmembers indicated that noise com- patability is one issue in the A and B zones which has been proposed by MnDOT for adoption by the joint zoning board or by individual cities. There was also discussion concerning a proposed Hold Harmless Agreement and its long term effect, and in addition, legal restrictions on the height and also the density under the proposed MnDOT model ordinance. Pilot Knob Road is at approximately 900 feet and the top of the office building would be 930 feet. Egan moved that the application for zoning be denied on the basis of the recommendation of the Advisory Planning Commission including reasons stated in its motion of November 24, 1981; further, that at the present time, the Airport Joint Zoning Board has not made a recommendation as to zoning in the vicinity of the airport and it would be advisable to get such a recommenda- tion; further, that conditional use permit will also be required including a public hearing before the Advisory Planning Commission before a determination to exceed height limitation would be granted; that there appeared to be too much uncertainty as to the restrictions and development both by the City and other agencies; that the City has not reviewed the proposed MnDOT Airport Safety Ordinance and there were questions about the proposed safety zones and the need to examine the potential liability of the City in the event of the grant of the uses as proposed. It was further understood that the application for rezoning could be- sumbitted to the City if there are substantially changed conditions according to Ordinance No. 52. Smith seconded the motion. All voted in favor. SEE PLAT FILE BUDGET ADJUSTMENTS FOR 1982 City Administrator Hedges reviewed a proposed revision in the .reduction of the general fund of $52,300.00 noting that State Aid Reductions for 1982 are estimated at $52,130.00. The Council reviewed the proposals at a special workshop meeting on February 25, 1982 after submission of recommended reduc- tions by department heads. Smith moved, Thomas seconded the motion to approve the reduction of $52,300.00 according to the proposed outline by the City Administrator noting that the reductions are necessary and should cause the least disruption in the City program. All voted yea. D 82 -6 3 Council Minutes' March 2, 1982 1981 BUDGET FR REMOVAL Noting that the budget has now been reduced for 1982, Wachter moved, Blomquist seconded the motion to authorize the removal of the budgetary freeze approved by the City Council in 1981 concerning expenditures by the City. All voted yes. CABLE TELEVISION - JOINT POWERS AGREEMENT The Joint Powers Cable T.V. Agreement with the City of Burnsville as drafted by Tom Creighton, special cable T.V. counsel for the City of Eagan, was submitted for review by the Council. A joint cable T.V. meeting was held with Burnsville's Committee on February 11, 1982 and tentatively agreed to proceed with the drafting and adoption of a Joint Powers Agreement and resolu- tion so both cities can proceed together to develop an RFP with further action leading to the development of a Cable Television system. A Joint Cooperative Agreement Establishing Communications was reviewed by the Council after having been discussed by staff members and several revisions were requested in the draft. Tom Creighton was present and answered certain questions of the Council. Egan moved, Smith seconded the motion to approve the Joint Coopera- tive Agreement, subject to the staff's satisfaction that all modifications requested both by the Eagan Council and the Burnsville Council are incor- porated in the final draft. All voted in favor. Egan moved, Wachter seconded the motion that the Resolution authorizing the participation in the Burns- ville /Eagan Cable Commission be approved and authorized it to be executed with the understanding that the Eagan members of the Joint Commission will be discussed at the March 11, 1982 Cable T. V. Meeting and the appointments will be made on March 16, 1982 by the City Council.- All voted yes. R 82 -10 HILLTOP CONDOMINIUMS - PLAT SEE AGREEMENT FILE The application of Developers Construction, Inc. for preliminary plat approval for Hilltop Condominiums covering approximately 10 acres and con- taining 52 dwelling units was submitted for consideration. Loren Spande and his architect were present and reviewed the project. He stated that two neighborhood meetings had been held and the Advisory Planning Commission had recommended approval of the application subject to certain conditions. He stated an attempt is being made to maintain the natural terrain and the private drive, including cul de sac will be slightly less than 300 feet. There were no objections from surrounding property owners. Smith moved, Wachter seconded the motion to approve the application subject to the following: 1. That a 6 foot asphalt trail west of the proposed north -south street within the plat be installed by the developer extending from Berry Ridge Road south to Diffley Road. 2. That 2.0 parking spaces per unit be permitted. 3. That a buffer of trees along the single - family lots to the east be provided as submitted by the developer and approved by the City. Council Minutes March 2, 1982 4. A 6 inch water main lateral shall be constructed through this pro- posed development to the James Refrigeration site for future connection and looping towards Pilot Knob Road. 5. The plat shall be subject to all easements as required by City staff. 6. A detailed grading, drainage and erosion control plan shall be approved by City staff. 7. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 8. The developer shall provide the City with a copy of the homeowners' association articles and by -laws for review. 9. All other City ordinances shall be applicable to the overall development. 10. Internal storm sewer drainage facilities must be located and proper- ly sized in conformance with City requirements. 11. This proposed development shall receive approval from the Dakota County Plat's Commission and /or Highway Department. 12. Outlot B shall be dedicated as public right -of -way in its entirety. 13. A public street designed to City standards shall be constructed within Outlot B from Berry Ridge Road to County Road 30. 14. A minimum 60 foot right -of -way shall be dedicated for County Road 30 with additional land reserved -for future acquisition at the time of upgrading and relocation of County Road 30. 15. A ponding easement shall be dedicated incorporating the 859.0 eleva- tion for Pond LP -63. 16. The developer shall agree to assume the deferred assessments asso- ciated with Project #217 for lateral benefit from trunk sanitary sewer. All assessments associated with the extension of water laterals shall be the responsibility of this plat. 17. All costs associated with the upgrading and installation of the street within Outlot B shall be the responsibility of Hilltop Condominiums and /or James Refrigeration only. 18. The developer shall install a pathway in accordance with the recom- mendation of the Advisory Park Committee. All members voted yes. SEE PLAT FILE 5 Council Minutes March 2, 1982 BLUFF'VIEW PRELIIY (NARY PLAT - HIlNKLER DEVELOPM M COMPANY The application of Winkler Development Company for rezoning from GB (General Business) to PD (Planned Development) to allow Office Complex- Hotel- Motel -High Rise and preliminary plat of Bluffview Addition was then discussed by the Council. The Planning Commission recommended approval at its January 26, 1982 meeting, subject to certain conditions. The application also had requested approval to allow for motel -hotel office high -rise complex beyond the commercial height limitations under the ordinance. Mr. Mike Gair, Planner and Dick Winkler described the proposal to the Council. Mr. Gair indicated that access to the site will be from Diffley Road at two locations and the land to the southeast is owned by MnDOT and to the east and north by Metram. Carter Christie, Business Manager of the Burnsville- Eagan- Savage ISD 4191 was present and expressed concerns of the District but indicated that he would ask that the application be continued to allow the School Board to consider the proposal at its March 4 meeting. The School District had not been notified of the hearing because the name had not been included on the certified abstrac- tor's list of adjacent property owners. Their concerns included student safety, possible attractive nuisances, etc. After extended discusison, Smith moved, Wachter seconded the motion to grant conceptual approval of a planned development, but that the application will be continued until the March 16, 1982 regular meeting and further, that the comments of the School District #191 Board be submitted by the March 16, 1982 meeting. Councilman Smith indicated that there is no consideration of height of building in the motion because the applicant did not have a specific plan for the use of the property, and therefore only concept use will be granted for the planned development. It was also noted that under the adoption of the present ordi- nance amendment for height restrictions, it would be necessary to apply for conditional use permit for extension of the height of the building. All voted yes. COMSERV CORPORATION - PREUMMARY PLAT The application of Comsery Corporation for preliminary plat of Comsery No. 1 Addition, consisting of approximately 63.77 acres was then presented to the Council. Michelle Foster and Mike Ryan of Rauenhorst, were present as was Jerry Fehen of Comsery Corporation. Mr. Fehen explained that Comsery is engaged in preparing programs for manufacturing businesses and indicated that the rapid growth of the company will require additional phases through 1985 to be added to the proposed building. There will be extensive landscaping reten- tion of the terrain and woods to as great extent as possible. The Planning Commission recommended approval subject to conditions. The issue raised by the Planning Commission primarily had to do with the waiver of the four -story portion of the building, parking requested of less than the numbers tech- nically required by the City ordinance and 9 x 20 foot parking stalls. It was noted that approximately 40% of the building will be above 3 stories because of the nature and construction of the building. There were concerns about the Life Safety Committee's comments and it was noted that the preliminary com- ments have been received. It was noted that additional space will be provided for parking, if necessary. Smith moved, Egan seconded the motion to approve the preliminary plat of Comsery No. 1 Addition, subject to the following conditions: s; "_' ( a p-- y J " 1 iI! 0, Council Minutes March 2, 1982 1. That the designated future drive from the parking lot shall be relocated approximately 150 feet to the south and installed as a part of the first phase of parking lot construction to provide two separate entrances into this parking area for both taffic flow and emergency vehicle access. 2. That the proposed internal sidewalk shall be continued northerly to the location of the proposed handicapped parking stalls. 3. The final plat and development agreement shall be approved by the City prior to occupancy of the building. 4. The applicant shall provide 862 parking spaces with 10 x 20 foot dimensions with the first phase of construction. If the parking is not ade- quate, Comsery will provide additional spaces at the City's request. 5. The preliminary plat and building shall be subject to the recommen- dations of the City Council on height requirements for the building. 6. Detailed grading, drainage and erosion control plans shall be ap- proved by the City staff prior to final plat approval. 7. A detailed landscape plan shall be approved by the City staff and the landscape bond shall be required and not released until one year after the landscaping has been completed. 8. The plat shall be subject to the Minnesota Department of Transporta- tion's review and comments because the plat abuts State right -of -way. 9. The parking areas shall be surfaced and concrete curbing shall be provided around the access driving and parking areas. 10. Approval from the Metropolitan Waste Water Control Commission (MWCC) allowing a connection to their facility must be received prior to final plat approval. 11. An 8 inch water main shall be constructed providing a connection from Kennebec Drive to Yankee Doodle Road. 12. A ponding easement approved by the City shall be dedicated for the internal ponding area (CP -7) providing for 13.0 acre feet of storage based on a controlled elevation of 765.0. 13. A 60 foot right -of -way shall be dedicated and an internal 44 foot wide, 9 ton commercial/ industrial road shall be constructed providing a con- nection between Yankee Doodle Road and T.H. 13 at the south property line. 14. Ten foot drainage and utility easements shall be dedicated adjacent to all public right -of -way and adjacent private roperty. 7 Council Minutes, March 2, 1982 15. Trunk area storm sewer assessments in addition to lateral benefit from existing trunk utilities shall be paid or assumed by this development as a condition of final plat approval if not covered as a pending assessment under a future City- approved project. 16. An internal storm sewer system shall be installed to provide for the drainage from the property to the southwest of this proposed plat. All voted yes. Smith then moved, Thomas seconded the motion to authorize a variance from the height limitation restriction under Ordinance No. 52 for the four stories as proposed on a portion of the building, subject to review by the Life Safety Committee, noting that the ordinance revision to height limitations is now in the process of being implemented and further, that the proposal is similar to the Cedarvale Highlands building approved several years ago. All voted yea. SEE PLAT FILE ROSEWOOD CORPORATION - ADVERTISING SIGN The application of Rosewood Corporation for three temporary advertising signs concerning the Coachman Oaks Condominium project was reviewed by the Council. Mr. Fred Katter was present for the applicant and stated that approval has been acquired from the owners of the land where the signs are planned to be located. He stated the signs are expected to be removed after 15 to 18 months. The Coachman Oaks Apartment Complex is now being converted for condominium use and the units are being sold at the present time. Egan moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. The signage shall be no more than 125 square feet for each sign. 2. The signs shall be located no closer than 10 feet to the property line on the parcel. 3. The temporary advertising signs shall be approved for the first year and renewed for the second year. DAKOTA COUNTY TRAILS A proposed maintenance agreement for trails between the County of Dakota and City of Eagan regarding County bike paths within the City was explained to and reviewed by the Council. A copy of the agreement had been distributed to the Council and Mr. Hedges stated that the agreement had been in the negotia- tion stage for several months. Smith moved, Egan seconded the motion to approve and authorize execution of the maintenance agreement as proposed. All voted yea. SEE AGREEMENT FILE Council Minutes U %3 0' 9 March 2, 1982 TRUNK HIGHWAY 55 AND 149 PLANS AND SPECS The plans and specifications submitted by MnDOT for the upgrading of Trunk Highways #55 and #149 from Lawrence Avenue to the Skelly Station were submitted for approval by the Council. Staff recommended approval and Council members expressed their concerns. Wachter moved, Thomas seconded the motion to approve the plans and specifications as submitted. All voted in favor. R 82 -11 IMPROVE24ENT #82 -2 - BRIAR HILL 4TH ADDITION STREETS AND UTILITIES The plans and specifications for the Briar Hill 4th Addition street and utility improvements have now been submitted by the Consulting Engineer and the staff recommended approval. Upon motion by Egan, seconded Wachter, it was resolved that the plans and specifications be approved, that the Clerk be authorized to advertise for bids to be received at City Hall at 10:30 a.m. on Tuesday, March 30, 1982. All voted in favor. DREffi. HEIGHTS STREET ASSESSMENT APPEAL - PROJECT #240 Attorney Paul Hauge reviewed the Findings of Fact and Order regarding the appeal for special assessments brought by the developer of Drexel Heights Addition concerning street improvements. He noted that Judge Robert Bruenig has now ordered that the assessments be vacated and that the City Council reassess the project due to the fact that benefit had not been determined by the City Council according to recent case law. There was also discussion concerning the benefit to the lots owned by Harvey and Henry Braun and whether those lots should be assessed equally in relation to the Drexel Heights Addi- tion lots. The City Attorney was asked to determine whether the developer would be responsible for assessments or the present owners of lots would be responsible for the assessments and a reassessment hearing would be scheduled by the Council. CIVIL DEFENSE WARNING SIRENS An informational meeting will be held on March 9, 1982 at the City Hall at 7:00 p.m. concerning the location of civil defense warning sirens throughout the City. -The City Council will consider the proposed siren loca- tions at the March 16 regular meeting. DAKOTA COUNTY COURT AND JAIL FACILITY The Council discussed the current state of affairs regarding a proposed joint Dakota County Court and Jail facility in the northwest portion of the County. It was noted that the Burnsville City Council has now adopted a revised Resolution concerning the grant of land in the City and the Dakota County Board also considered the facility at its March 2, 1982 meeting. Be- cause of the need for such a facility in the northwestern portion of the County, Wachter moved, Egan seconded the motion that the Eagan City Council be on record reaffirming its support of a joint facility in the northwestern portion of the County. All voted in favor. R 82 -12 V Council Minutes f � v.. � :F March 2, 1982 SPECIAL MEETING - MARCH 30, 1982 A special meeting of the Eagan City Council will be held on March 30, 1982 at 7:00 p.m. at City Hall. BLACKHAWK PARK DIRECTIONAL SIGNS Councilman Thomas moved, Wachter seconded the motion that directional signs be installed on Blackhawk Road designating the location of Blackhawk Park for residents of the City, noting it is a Community Park. All voted in favor. CEDAR SCHOOL Mayor Blomquist and the Councilmembers expressed their concerns about the proposed use for the Cedar School which the School Board of District #191 has decided to close. Questions concerned the use of the building and the affect on the community and whether the proposed use will be compatible with the existing neighborhood. In addition, the use and maintenance of the sur- rounding ball fields were of concern to the Council. BURNSVILLE -EAGAN STORM SEWER JOINT POWERS AGREEMENT A proposed Joint Powers Agreement with the City of Burnsville concerning the installation of storm sewers and assessment for storm sewers in the southwestern portion of the City was presented by the Public Works Director, Tom Colbert and recommended for approval. Smith moved, Thomas seconded the motion to approve the agreement and authorize its execution. SEE AGREEMENT FILE CHEMIST Egan moved, Wachter seconded the motion to approve the following Checklist dated 3 -2 -82 All voted in favor. ADJOURNMM Upon motion duly made and seconded, the meeting adjourned at 12:20 p.m. PHH / n n Secret 10