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05/04/1982 - City Council Regular00108 MMIUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL EAGAN MINNESOTA MAY 4 1982 A regular meeting of the Eagan City Council was held on Tuesday, May 4, 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 City Ad- ministrator Hedges, City Engineer Rosene and County Attorney Hauge. AGENDA Egan moved, Smith seconded the motion to approve the Agenda with the addition during department head business of the request from owners on Schwanz Lake for regulation of motorized watercraft on small lakes in the City. All voted yes. MINUTES No action was taken on the Minutes of the April 20, 1982 meeting. POLICE DEPARTMENT Chief Martin DesLauriers was present. 1. 1981 Olds Cutlass Diesel. The Chief recommended that the Council authorize that the 1981 Olds Cutlass Diesel, currently out of commission, be salvaged due to the high repair costs anticipated to recommission the patrol car. Wachter moved, Thomas seconded the motion to authorize the sale of the Oldsmobile patrol car at the best possible price. All voted in favor. 2. Remaining Diesel Auto Police Car. It was recommended further that City Council authorize the Police Chief to acquire quotes for the sale of the remaining Diesel Police automobile. Egan moved, Wachter seconded the motion to authorize the acquisition of such quotes. All voted in favor. MOTORIZED WATERCRAFT REGULATIONS A Petition was received from property owners around Schwanz Lake near Dodd Road requesting that the City Council consider an ordinance prohibiting the use of motorized watercraft on small bodies of water. City Administrator Hedges indicated that he had acquired certain information from the Department of Natural Resources and Tom Walker, a Petitioner, was present. There was discussion about referring the issue to Tim Errkila & Associates for review and recommendation during the Master Park Plan study. Smith moved, Thomas seconded the motion to refer the issue to Errkila & Associates for possible incorporation in the Park Master Plan. There was also discussion concerning regulating the issue by the Nuisance Ordinance and trespass over private property. All voted in favor. Council Minutes 00109 May 4, 1982 RIDGECLIFF FIFTH ADDITION - UTILITY EASEMENT VACATION Mayor Bea Blomquist then convened the public hearing regarding the appli- cation of U. S. Homes Corporation - Orrin Thompson Homes, for vacation of certain easements over Lots 1 through 4, Block 13, Ridgecliff Fifth Addition, due to construction of townhomes of a larger size than intended on the original plat. There were no objections. After review, Smith moved, Egan seconded the motion to close the hearing and authorize the vacation and execu- tion of the proper Resolutions. All voted in favor. R 82 -21 BARRINGER FIRST ADDITION - DRAINAGE EASEMENT VACATION The next public hearing convened concerned the proposed vacation of utility easements in Barringer Addition on Wescott Road in order to complete the Windtree 2nd Addition final plat. There were no objections. Staff recom- mended approval. Egan moved, Wachter seconded the motion to close the hearing and to authorize the completion of the vacation proceedings and include execu- tion of the necessary resolutions. All voted in favor. R 82 -22 EAGANDALE INDUSTRIAL PARK #3 - EASEMENT VACATION The next public hearing convened by Mayor Bea Blomquist concerned the proposed vacation of drainage and utility easements for Lot 3, Block 4, Eagan - dale Center Industrial Park #3 to allow construction upon the site which infringed upon the present easement. No objections were voiced. Upon motion by Wachter, seconded Smith, it was resolved to close the hearing and to authorize the vacation, subject however, to acquisition of the necessary easement and staff approval. All voted yes. R 82 -23 CONSENT AGENDA It was recommended the following consent agenda items be approved: 1. Donald Henk - Temporary Beer License. A request from Mr. Donald Henk of 1663 Bayard, St. Paul, for non - intoxicating malt liquor license for a softball tournament at Univac Field on August 17 and 18, 1982. 2. Conditional Use Permit Renewals for May 1982. It was recommended that conditional use permits for Cedarvale Fish and Pet Shop and for Rosewood Corporation temporary trailer sales office be approved. 3. APRC Resignation of Steve Johnson. Steve Johnson, member of the Advisory Park and Recreation Committee, has submitted his resignation from the Committee. It was recommended to accept the resignation and proceed to adver- tise for a new appointment. 2 ()Clio Council Minutes May 4, 1982 4. Mary Eggu - Grading Per An application from Mary Eggum for grading permit and temporary gravel extraction permit for the southern portion of the Borchert Ingersoll property was next considered. Buesing Brothers Trucking Co. would extract approximately 200,000 to 300,000 cubic yards of gravel from the site to be crushed and graded on the site. Staff recommended approval subject to City regulations and ordinance restrictions. 5. Hilltop Condominiums - Sign Permit. The application of Developers Construction for Hilltop Condominiums project sign permit for temporary sales sign located adjacent to the sales trailer at Diffley Road and Pilot Knob Road was then recommended for approval. 6. Cinnamon Ridge 3rd Addition - Improvement Petition. It was recom- mended that the Petition from Zachman Homes for feasibility report for public improvements in Cinnamon Ridge 3rd Addition was received and that a feasi- bility report be prepared by the Consulting Engineer firm. 7. Park Cliff 2nd Addition - Storm Sewer Petition. A Petition has been received from the developer of Park Cliff 2nd Addition for temporary storm sewer to repair an erosion problem and eliminate a safety hazard and it was recommended to authorize the Director of Public Works to negotiate a Change Order to an existing Contract and assess the cost to the remaining lots owned by the developer, Richard Winkler, and to proceed with the request. 8. Hilltop Condominiu - Grading Permit. A request from Developers Construction for grading permit for Hilltop Condominiums was recommended for approval, subject to staff approval and ordinance compliance. Upon motion by Egan, seconded Smith, it was resolved that the foregoing Consent Agenda items as recommended be approved. All voted in favor. CEDAR CLIFF COMMERCIAL ADDITION - PRELIMINARY PLAT The application of Steven J. Flanagan for preliminary plat approval of Cedar Cliff Commercial Addition was again considered by the City Council. The City Council had considered it at its April 6, 1982 meeting and Mr. Flanagan requested a continuance. He now recommended that the Council proceed with consideration of a plat but that only the four lots fronting on Nicols Road be platted as Lots 1 through 4, Block 1 and the remainder of the property be platted as Outlots. The plat had been considered by the Council prior to April 6 and had been recommended for approval by the Advisory Planning Commis- sion subject to certain conditions. Mr. Hedges explained the status and there were no objections to the application. After discussion, Thomas moved, Smith seconded the motion to approve the application, subject to the following conditions: 00111 Council Minutes May 4, 1982 1. A detailed landscape plan shall be approved by the City for Lots 1, 7, 8 of Block 1 and Lot 1, Block 2, because this area will abut the residents in Cedar Cliff Addition. This landscaping is the main buffering area between the office and the residential lots. An adequate landscape bond shall also be provided and not released until one year after the landscaping has been com- pleted. 2. A landscape plan shall be required with all other lots at the time development occurs. An adequate landscape bond shall also be required for each lot and not released until one year after the landscaping has been completed. 3. The plat should be subject to Dakota County Plat Commission's review and comments. 4. There should be a restrictive access on the west side of Scott Trail so that access to Lots 5 -10 shall be by Steven Court vs. Scott Trail. 5. All buildings shall require the same architectural and building materials on all sides of the building when proposed in order that the building will not have an unattractive side. 6. All trash receptacles shall be incorporated in the side of the building or attached to the building and maintained with the same architec- tural characteristics of the building. 7. The final plat shall incorporate the first phase for Lots 1 -4, Block 1. Lots 5 -10, Block 1 and 1 -4, Block 2, shall be platted as an outlot until the second phase is ready to be developed. 8. A storm sewer system must be constructed from Mari Acres Pond (AP -9) to the east line of Phase 1 and continued in the future to handle the drainage requirements necessitated by the development of any phase construction. 9. A maximum of two driveway en 'trances only will be allowed onto Nicols Road with the southerly most driveway being a minimum of 275 feet north of the center line of Cliff Road. 10. Only one entrance will be allowed onto Cliff Road, the center line of which being located 327 feet west �f the center line of Scott Trail. 11. Restrictive access control be dedicated adjacent to Cliff Road, Nicols Road, and the west side of Scott Trail with the exception of those three previously discussed access zoints. 12. This development escrow Is 2alculated assessment responsibility for the upgrading of Nicols Road from Cliff Road to Erin Lane. 13. A landscaping berm be ccns::•ucted adjacent to the residsential area as a condition of the first phase Development. All voted in favor. SEE PLAT FILE 4 0C.11%, Council Minutes May 4, 1982 OAKWOOD HEIGHTS PRELIKINARY PLAT The application of Countryside Builders, Inc. and Jerry Lagro for pre- liminary plat of Oakwood Heights consisting of 9.59 acres for townhouse de- velopment was then discussed by the Council. Mr. Lagro was present, as was his planner, Mr. Darrel Anderson. The Council had continued the matter since April 20, 1982 and the Advisory Planning Commission had recommended approval at its regular meeting on March 23, 1982, subject to conditions. A report dated April 28, 1982 was reviewed by Dale Runkle and there was considerable discussion concerning the policy of the City in the event that private streets are requested to be turned over to the City after the completion of the development. Hardships were discussed, the need to place conditions on the dedication of the streets, including adequate right of way, snow storage area, that the streets be up to City standard and it was also suggested that eco- nomic hardship would be the reason for a request from a Homeowners Association that streets be reverted to the City for maintenance. Mr. Anderson requested that the Council approve the plat, subject however,.to the final plat being submitted after completion of foundations for exact survey purposes and further, subject to all other conditions imposed by the City. Smith moved, Thomas seconded the motion to approve the preliminary plat, subject to the following: 1. That the staff prepare recommendations for changes and requirements for the dedication of public streets, in the event of the request by property owners for dedication of private streets to the City, which recommendations shall be submitted and acted upon prior to the approval of the final plat for Oakwood Heights. 2. That the density not exceed 56 units in the project. 3. That the developer be permitted to acquire foundation permits and install the foundations prior to approval of the final plat, subject however, to completion of all other City requirements before acquisition of any founda- tion permits from the City. 4. A development agreement shall be completed prior to commencement of construction of any of the dwelling units. 5. 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. 6. The developer shall provide the City with a copy of the Homeowner's Association Articles and Bylaws for review. 7. The park dedication has been satisfied with the Lexington South Planned Development. However, a tot lot shall be included and its plan shall be reviewed by the Advisory Park Committee for its recommendations. 5 0C113 Council Minutes May 4, 1982 8. A 40 foot setback for all buildings shall be required from Wilder- ness Run Road. 9. All other City ordinances shall be applicable for the overall de- velopment. 10. An 80 foot right of way should be dedicated for Wilderness Run Road in conformance with the existing street and utility easement adjacent to this plat. 11. Internal private drives shall be a minimum 28 feet in width con- structed to a 7 -ton design with concrete curb and gutter. 12. A detailed grading, drainage and erosion control plan shall be submitted and approved by the City prior to final plat approval. 13. If installed privately, the utility layout and design shall be as approved by the City. 14. Trunk area storm sewer assessments shall be paid as a condition of final plat approval. 15• A 10 foot drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. All voted in favor except Wachter who voted no. SEE PLAT FILE CITY HALL EXPANSION - ARCHITECT SELECTION City Administrator Hedges then reviewed with the Council and audience present the process that the staff and City Council have gone through in interviewing and selecting finalists among architectural firms for a proposed expansion to the Police Building -City Hall. He noted that a special council meeting had been held on Wednesday, April 28, 1982 and four architectural firms were interviewed by the Council after the staff had made recommendations of 4 from an original 9 architects who placed bids on the project. The four finalists were BWBR, Kilstofte & Poisson, Architectural Alliance, and Boarman Architects. He noted that the building would have a possible 8,000 square foot addition and a potential small fire station. The architects have re- viewed the current building plans and each has indicated that they would be able to complete the building on the basis of the original plans. Phase One is only an assessment phase which would carry the Council through the bond referendum proposed to be held during the mid -1982. Councilman Egan moved that Boarman Architects be hired for Phase One of the project, noting that the Architectural firm was familiar with municipal projects and appeared to be able to work confidently with the City Council and staff and also to include Phase Two, with the understanding that if the referendum fails, Phase Two will not be implemented. Wachter seconded, all voted in favor. A 00114 Council Minutes May 4, 1982 CARBONE'S PIZZA - LANE AND BEER LICENSE The application from Fratelli Tre, Inc., dba Carbone's Pizza, 1665 Yankee Doodle Road, for wine and 3.2 beer license for the former Amore Pizza location at 1665 Yankee Doodle Road was then considered. A representative of the applicant was present and there were no objections to the application. Smith moved, Wachter seconded the motion to approve the two applications, subject to normal ordinance requirements. All voted yea. NICOLS LANDING - AMUSEMENT DEVICE VARIANCE An application from Larry Miller for variance from the 10:00 p.m. closing time under Ordinance No. 73 for Nicols Landing Restaurant for the operation of amusement devices was then considered by the City Council. It was noted that when the applicant originally acquired his application that he indicated he would not request that the amusement arcade be open after 10:00 p.m. and the Council specifically precluded its being open after 10:00 p.m. Mr. Miller was present. Councilmembers indicated there did not appear to be hardship or any strong reason to grant a variance for the applicant. Wachter moved, Smith seconded the motion to deny the request, noting that this would set a prece- dent to allow a variance to Ordinance No. 73 in this respect. All voted yes. MEDITERRANEAN CRUISE - AMUSEMENT DEVICE LICENSE The application of Ernest H. Eisenberg for amusement device license for two amusement devices in the Mediterranean Cruise Restaurant on Cedarvale Blvd. was then presented to the Council. Mr. Eisenberg was present and the Councilmembers noted that special consideration had been given to the Mediter- ranean Cruise Restaurant, including the grant of liquor license, and also permit for belly dancing in the restaurant. Wachter moved, Thomas seconded the motion to deny the application, noting that the restaurant is not a very large restaurant and also for the reasons noted above. All voted in favor. APPLEBAUMS FOOD STORE - AMUSEMENT DEVICE LICENSE The application of Leonard P. Dennis for amusement device license for two amusement devices at Applebaums Food Store in Cedarvale Shopping Center was then brought before the Council. Representatives of Applebaums were present, including John Fischer on behalf of Storcast Corporation. Councilmembers expressed their opinion that a supermarket was not an appropriate place for amusement devices and also noted that the Applebaums store had opposed the game room in Cedarvale when it had been presented to the Council several weeks prior. There was also concern about the great number of applicants, concerns about whether it was appropriate in such a supermarket surrounding and also the concerns about the future of game rooms and video games in commercial establishments. Smith moved, Wachter seconded the motion to deny the applica- tion for reasons mentioned above, also noting that the Council had already turned down the application at the March 16, 1982 City Council meeting. All voted yea. 7 00115 Council Minutes May 4, 1982 MARV EGGUM - 494 MnDOT PROJECT CRUSHING PLANT The application of Mary Eggum for special permit for the operation of a gravel crushing plant on the Borchert Ingersoll property at 3275 Dodd Road was then considered. The purpose would be to extract and process 200,000 to 300,000 cubic yards of gravel for use in the I -494 construction project be- tween Minnesota River and Highway #55 and would operate during the 1982 -83 seasons. The material will be crushed and graded by an on -site plant and stockpiled and then hauled to the construction site of I -494. Mr. Eggum was present and explained the proposal to the Council. There were no objections. After consideration and recommendation by the staff, Smith moved, Egan seconded the motion to approve the application subject to city ordinances and the following: 1. Hours of operation be limited to 7:00 a.m. to 7:00 p.m. 2. The facility shall not be operated on Sunday. 3. The facility be removed after the completion of the contract and the restoration of the property be complete to its present condition. 4. The City Council shall review the permit ninety days after start up to determine whether the operation is in violation of its conditions or if there are any serious objections. 5. That no trucks serving the plant use public roads during rush hour traffic other than the bare minimum. 6. Access to the crushing facility and the location where the material will be used shall be coordinated with the Public Works Director. 7. The material shall be used only for the I -494 project between the Minnesota River and T. H. 55. 8. The crusher will be in operation for the construction season of 1982 -1983 only. All voted in favor. NORVIN OAKS - FINAL PLAT The application of Vincent Storland for final plat approval of Norvin Oaks was then presented to the Council. Councilman Wachter abstained from consideration and voting on the application. There being no objection, upon motion by Smith, seconded Egan, it was resolved that the application be ap- proved subject to all city requirements, with the understanding further that there be only two residences on the site until utilities are installed. All voted in favor except Wachter who did not vote. R 82 -24 SEE PLAT FILE 06116 Council Minutes May 4, 1982 BICENTENNIAL 8TH ADDITION - FINAL PLAT The application of Federal Land Co. for final plat approval of Bicenten- nial 8th Addition was next reviewed. Charles Bartholde was present on behalf of the applicant. He reviewed the proposed final plat made by the council. Upon motion by Wachter, seconded Thomas, it was resolved that the application be approved subject to all city requirements. All voted yea. R 82 -25 SEE PLAT FILE JAUN A. TACO - SILVER BELL RESTAURANT The application of Roger Erickson and Ed Leier, dba Jatco, Inc. for conditional use permit to allow fast food restaurant in Silver Bell Shopping Center was next reviewed. The applicants were present and explained the proposed restaurant to the Council. The Advisory Planning Commission recom- mended approval of the conditional use permit. Egan moved, Blomquist seconded the motion to approve the application, subject to all ordinance requirements. All voted in favor. OVERHILL FARM 1ST ADDITION - IMPROVEMENT #82 -1 The bids have now been received for Improvement #82 -1 consisting of utilities in the Overhill Farm Addition under Projects #321, #326 and #332. It was recommended that the low bidder be awarded the contract. Wachter moved, Egan seconded the motion to award the contract to Richard Knutson, Inc. in the sum of $298,794.65. All voted yea. CABLE TV COMMITTEE UPDATE The Joint Burnsville /Eagan Cable Commission met on April 22, 1982 and two additional meetings will be held in May. Councilman Hedges gave an update concerning Prior Lake and Savage interest in discussing merger with the Burnsville /Eagan Joint Commission. UNITED TELEPHONE COMPANY ANTENNA An application of United Telephone Company and Robert Boblett Associates, Inc. as local representative, to locate a site for a celluar antenna providing frequency availability for mobile home units. The applicant requested whether the Council would authorize a letter of intent to allow its location on the Univac-Timber line water tower. Lou Frillman of Robert Boblett Associates, Inc. appeared and discussed the application and answered questions regarding the application. There was discussion concerning the location of a private building on public land and also the need for a public hearing. Smith moved, Wachter seconded the motion that the Council be on record as acting favorably provided that Univac and the City approve the application, that all further necessary approvals are acquired with the undestanding, however, that there will be conditions attached to the approval of any such request. All voted yea. E 0011'7 Council Minutes May 4, 1982 WESCOTT ROAD AND MCCARTHY POND ACQUISITIONS The City Council discussed with City Attorney Paul Hauge the current status of the acquisition of pond easements and road easements for Wescott Road across the McCarthy property. It was noted that Commissioners had been appointed for the acquisition of the pond easements and hearings. The Court hearing has been held regarding the date for the taking of the pond acquisi- tion and in addition, it is anticipated that the Commissioner's Hearing will be held for acquisition of the pond easements shortly. LEAVE OF ABSENCE - CITY EMPLOYEES A question has arisen as to whether the City is required to pay health insurance benefits for an employee on leave of absence under state law and the current applicable city insurance policy. Wachter moved, Egan seconded the motion to request an opinion from the City Attorney regarding the issue. C.A.A.D. Tom Hedges announced that a $1,000.00 check had been received from Federal Land Company for Coordinated Action Against Drugs for use in C.A,A.D. activities. The Council thanked Federal Land Company for its gift and re- quested the City Administrator to deposit it in the proper fund. WILDERNESS PARK 3RD ADDITION - PARK DEDICATION Mr. Hedges indicated that Arnold Carlson, developer of Wilderness Park 3rd Addition, had not paid a total of $2,400.00 for park dedication fees for the subdivision. After discussion, upon recommendation of the staff, Smith moved, Egan seconded the motion to authorize the staff to hold up additional building permits in this subdivision and that the rate for the park dedication fee would be the rate then in existence at the time of the filing of the approval of the final plat in addition to an average interest factor to be added. All voted in favor. EAGAN HISTORY BOOK Tom Hedges discussed with the Council an update on the Eagan History Book. Smith moved, Wachter seconded the motion to authorize the hiring of a student intern during the summer of 1982 to assist the staff and the History Committee in completing the project. All voted yes. 10 06118 Council Minutes May 4, 1982 DOUGLAS DeCOSTER An application was received from Douglas DeCoster for grading permit for a portion of the northerly half of the northwest quarter of Section 12, lying east of Trunk Highway #49 and north of Trunk Highway #55. It is proposed to deposit 150,000 cubic yards of fill and about 7,500 cubic yards of broken concrete on the site. The staff recommended approval subject to conditions. Egan moved, Wachter seconded the motion to approve the application subject to conditions imposed by the staff, including insurance, erosion control, storage of area top soil, performance bonds and fees, in addition to the applicable ordinance requirements. All voted yea. CHECKLIST Egan moved, Wachter seconded the motion to approve the following Checklist dated May 4, 1982 All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 10:35 p.m. PHH ( P-, ) mok �. Secre a 11 Council Minutes May 4, 1982 LEXINGTON PLACE PRELIMINARY PLAT CITY COUNCIL ?MEETING OF APRIL 20, 1982 After the motion made by Smith and seconded by Wachter to approve the application with 4 conditions, on page 6 of the Minutes of the April 20, 1982 meeting, the Minutes should be worded as follows: "Mayor Blomquist recom- mended a limit of 12 studio units and submitted a proposed Resolution in the form of an amendment for consideration by the Council regarding approval of the application which was rejected. Those in favor of the motion were Wachter and Smith; those against were Blomquist, Thomas and Egan. The motion failed. There was considerable discussion concerning the number of studio units that should be allowed. Mayor Blomquist then submitted the following Resolution: WHEREAS, U. S. Homes, Inc., has applied for preliminary plat approval for a 672 -unit condominium complex consisting of 28 buildings with 168 studio units, and WHEREAS, the City of Eagan's Comprehensive Guide Plan provides for goals and objectives in housing; and, WHEREAS, Table 12 p. VIII -27 provides for a goal of 50 modest cost dwelling units within Section 24 of the City where this development is pro - posed; and WHEREAS, it is the policy of the City to distribute modest cost housing in a reasonable manner about the City; and WHEREAS, a reasonable upgrading of Table 13 P. VIII -30 for inflation since 1978 would result in the studio units being classified as modest cost housing; NOW THEREFORE, upon motion by Blomquist, seconded Eagan, it was Resolved as follows: 1. That the preliminary plat application of U. S. Homes be approved subject to the following conditions: a. That no more than 50 studio units -as described in the applica- tion be allowed so that additional modest cost housing may be allowed in Section 14 within the goals of the Eagan Compre- hensive Guide. b. etc. PHH 00119 12