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08/17/1982 - City Council Regular00224 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 17, 1982 A regular meeting of the Eagan City Council was held on Tuesday, August 17, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Thomas and Egan. Also present were Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as pre- pared. All voted yes. Upon motion by Smith, seconded Wachter, it was resolved that the Minutes of the August 3, 1982 regular meeting of the City Council be approved with the exception that on page 10 regarding building permit revision to the Ordinance, that Thomas moved, Egan seconded the motion and that Wachter abstained. All voted in favor. PARK COMMISSION Ken Vraa appeared and reviewed with the Council the notification by the State Park and Recreation Grant Section that the City has received preliminary approval of its grant application to build athletic facilities on the recently acquired park land in Rahn Park. The fifty per cent matching grant, if approved, would be $78,979.00 from state funds. Final grants are due by October 1, 1982. Mr. Vraa requested approval to prepare the necessary docu- ments and submit the final application and also authorize the hiring of a Plan Consultant to prepare the necessary site plans required on the application at an estimated cost of $2,000.00. Smith moved, Egan seconded the motion to hire Irrkila & Associates to prepare the design plan at a maximum cost of $2,000.00 and also to approve the preliminary grant and authorize the staff to prepare the necessary documents and submit the final application. All voted yes. 1 00215 Council Minutes August 17, 1982 PUBLIC WORKS DEPARTMENT Public Works Director Tom Colbert reported: 1. Dodd Road Dust Control. Mr. Colbert stated that residents on Dodd Road, south of Cliff Road, had complained to staff concerning dust problems on Dodd Road. He stated the City has expended its 1982 budget for oil applica- tion for dust control and estimated that it would cost approximately $950.00 to oil that segment of Dodd Road. There was considerable discussion by councilmembers concerning the need for oiling other gravel roads in the City but the budget funds have now been depleted and no action was taken. 2. Wescott Road - Speed Limit. A letter was received from a resident on Wescott Road, requesting that Wescott Road be restricted from truck traffic and the speed limit be reduced to 30 miles per hour east of Lexington Avenue. Mr. Colbert stated that it was his understanding there is no truck traffic by large trucks on that segment of Wescott Road. Egan moved, Wachter seconded the motion to post that portion of Wescott Road at a maximum of 30 miles per hour and also "No Trucks ". All voted in favor. 3. W ilderness Run Road Stop Sign. A letter was received from a resi- dent of Wilderness Run 2nd Addition objecting to the stop sign placed on Wilderness Run Road and Wilderness Run Drive. No action was taken. CONSENT AGENDA The staff recommended implementation of the following consent agenda items: 1. Appointment of Primary Election Judges. The City Clerk has adver- tised in the Chronicle for City -wide election judges for the primary election September 14, 1982 and recommended that the list of judges submitted in the packet be approved. D 82 -14 2. St. John Neumann Church - 3.2 Beer License. The request from Pamela Wold for temporary 3.2 beer license for the annual fun fair held in the parking lot of St. John Neumann church on September 11 and 12, was recommended for approval. 3. Contract #82 -8 - Change Order #1 - 1982 Seal Coating. The Council approved the 1982 Seal Coating Contract on July 20, 1982 and the low bidder was Allied Blacktop which was $130.000.66. The City was able to negotiate a deduct of $7,411.14 and additional deduction to $109,883.57. The Public Works Department recommended that the approximately $8,000.00 in savings be held in reserve to pay for any future seal coat repair work and that Change Order #1 to Contract #82 -8 for a total deduct of $9,882.40 be approved. N OC-29_ 5 Council Minutes August 17, 1982 4. Project #327A - Killdeer Addition - Utilities. The final assessment roll was recommended to be received and the Council ordered the final assess- ment hearing be scheduled on September 21, 1982 at 7:00 p.m. at the City Hall. 5. Project #344 - Winkler /Jackso the final assessment roll for Project provements in Winkler /Jackson Addition hearing be scheduled for September 21, Addition. It was recommended that #344 consisting of sanitary sewer im- be accepted and the final assessment 1982 at 7:00 p.m. at the City Hall. 6. Project #323B - Coachman Land Company 1st Addition _ Streets. The final assessment roll for Project #323B regarding street improvements in Coachman Land 1st Addition was recommended to be received and that the Council authorize the scheduling of the final assessment hearing for September 21, 1982 at 7:00 p.m. at City Hall. 7. Project #324B - Safari at Eagan - Streets. It was recommended that the final assessment roll that has now been prepared for Project #324B be received by the Council and that the final assessment hearing on the roll be scheduled for hearing at the City Hall at 7:00 p.m. on September 21, 1982. 8. Project #336B - Tomark 1st Addition - Streets. It was recommended by the staff that the Council receive the final assessment roll for Project #336B consisting of street improvements in Tomark 1st Addition and that it schedule the final assessment hearing for September 21, 1982 at 7:00 p.m. at the City Hall. 9. Project #340A - Windcrest 2nd Addition - Utilities. It was recom- mended the City Council receive the final assessment roll for Project #340A consisting of utility improvements in Windcrest 2nd Addition and that it authorize the Clerk to schedule the final assessment hearing on September 21, 1982 at the City Hall at 7:00 p.m. 10. Project #341A - W_ indtree 2nd Addition - Utilities. It was recom- mended that the Council receive the final assessment roll for Project #341A which consists of utility improvements in Windtree 2nd Addition and that it schedule a final assessment hearing to be held on September 21, 1982 at 7:00 p.m. at the City Hall. 11. Project #359 - Park Cliff 1st Addition - Storm Sewer Extension. The staff recommended that the Council receive the final assessment roll for the Park Cliff 1st Addition storm sewer extension Project #359 and that it order the City Clerk to advertise for final assessment hearing to be held on Septem- ber 21, 1982 at 7:00 p.m. at the City Hall. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items as recommended be approved and authorized to be imple- mented. All voted yes. �3 06217 Council Minutes August 17, 1982 CITY HALL /FIRE ADMINISTRATION - PROJECT UPDATE City Administrator Hedges reviewed with the Council the progress con- cerning the proposed referendum for City Hall /Fire Administration Project which referendum is now scheduled for September 14, 1982. The City's Archi- tect has been working with the City staff and Citizens Advisory Committee and the City Council to determine the planned square footage and in addition, estimated costs for the proposed improvements. An informational meeting was held on August 10, 1982. Jack Boarman was present and there was discussion concerning the proposed construction of a basement for the police building noting that the current estimated total cost would be $965,000.00. After considerable discussion, Smith moved, Egan seconded the motion to authorize $965,000.00 to be included as the estimated cost of the City Hall and Fire Administration improvements and that the resolution setting the date and authorizing the referendum, which resolution is attached hereto and made a part of these Minutes, be approved. All voted yes. YANKEE SQUARE OFFICE PARR III - IDR BOND FINANCING Mr. Hedges then reviewed with the Council the application of Federal Land Company to consider $1,250,000.00 commercial development revenue bonds for Yankee Square Office Park III project. It was noted that the principal amount of the bond was proposed to be increased from $1,177,100.00 to $1,250,000.00 and that Briggs and Morgan, the bond counsel, approved the increase. Robyn Hansen, attorney with Briggs and Morgan was present as was Charles Bartholdi for Federal Land Company. There were questions asked of both persons con- cerning the fact that American National Bank is not a rated bank and it was the understanding of the City Council when it established its policy author- izing the letters of credit, that banks would be rated that issued the LCs. Ms. Hansen indicated that at one time the applicant proposed that a rated bank back up the American National Bank letter of credit, but that additional cost was not justified. The project covers only one building and there were con- cerns whether there may possibly be other issues that arise regarding the letter of credit policy. Representatives of Juran and Moody, at an earlier meeting, indicated that American National Bank will be rated in the future and Ms. Hansen stated the issue will be handled similar to a rated issue. She recommended approval because American National is a well known local bank and further, that buyers are available to purchase the issue. Mr. Bartholdi stated that time was of the essence and that it was necessary to authorize the issuance as quickly as possible. Smith moved, Egan seconded the motion based upon the representations of the bond counsel and underwriter regarding the letter of credit approach that the final resolution for the commercial development revenue bond issue of Yankee Square Office Park III be approved. All voted in favor except Wachter who voted no. SEE BOND FILE 4 00 218 Council Minutes August 17, 1982 COUNTRYSIDE VILLA - TEMPORARY SIGN PERMIT An application of Portfolio Properties, Inc. for temporary sign permit for Countryside Villa Townhouse Project on Gold Trail was next considered. The application was for a sign on the McDonald property on Silver Bell Road, according to information received by the City. Egan moved, Wachter seconded the motion to approve the application contingent upon there being no other sign for Countryside Villa off the Countryside Villa property and further contingent upon acquiring consent of the owner of the property where the sign will be located; further contingent upon there being no wording on the sign regarding rentals if the homeowners association prohibits rentals. All voted yes. JEFF IrIICHAELIS - WAIVER OF PLAT The application of Jeff Michaelis for waiver of plat to add additional land to two single family lots consisting of approximately 1.2 acres in Letendre 2nd Addition was submitted. Mr. Michaelis was present and the Ad- visory Planning Commission recommended approval subject to conditions. There were no objections. Smith moved, Wachter seconded the motion to approve the application subject to the understanding that there would be no further buildings placed on the lot and subject to the following conditions: 1. All necessary utility easements shall be provided. 2. The City shall retain all existing easements. 3. The newly enlarged lots shall meet all City ordinance requirements. All voted in favor. R 82 -39 PHILLIP T. BRANDT - WAIVER OF PLAT - SADDLEHORN ADDITION The application of Phillip Brandt for waiver of plat and variance to add additional land to Lot 6, Block 3, Saddlehorn Addition was then considered by the Council. Mr. Brandt was present and the Advisory Planning Commission recommended approval subject to certain conditions. It was noted that the portion to be split included a portion of a 5 acre parcel which would reduce it to approximately 4 2/3 acres and increase Lot 6, Block 3, to approximately 8/10 of an acre, or 35,000 square feet. There were no objections to the application and Councilmembers stated, however, that there could be future problems regarding the sale and use of the 4 2/3 acre residue parcel because of the acreage restrictions in the City. Mr. Brandt stated that he understood those issues. Wachter moved, Egan seconded the motion to approve the applica- tion, subject to the following conditions: 5 OC219 Council Minutes August 17, 1982 1. The City will retain all existing drainage and utility easements. 2. Right -of -way easement dedication shall be provided as designated by the City. 3. The newly enlarged lot shall meet all City ordinance requirements. 4. Necessary easements determined by the City shall be provided. All voted yea. R 82 -40 KATHY R. FENHAUS - CONDITIONAL USE PERMIT - BEAUTY PARLOR The application of Kathy Fenhaus for cosmetology business in Townhouse located at 1640 Cityview Drive was then brought before the Council. Ms. Fenhaus was present and there were no objections to her application. The Planning Commission recommended approval, subject to conditions that were laid out in its Minutes. Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. Hours of operation will be from 8:00 a.m. to 8:30 p.m. only. 2. The only employee shall be an occupant of the household. 3. Customer parking must be on site and limited to two (2) customer automobiles. 4. There shall be no commercial signs advertising the business. 5. There shall be no over the counter sales of merchandise. 6. All other applicable ordinances must be followed. All voted in favor. DUCKWOOD TRAILS PLANNED DEVELOPMENT AMENDMENT The application of the owner and the developer of Duckwood Trails Planned Development for amendment of its Planned Development from R -3 to R -4 was then considered. A letter, however, from Gerald Singer, the attorney for the Duckwood Trails development owners, was reviewed which requested that the Petition be withdrawn and no further consideration be taken by the Council at the present time. No action was taken. L 27.0 Council Minutes August 17, 1982 BLACKHAHK OAKS - PRELIMINARY PLAT AND REZONING The application of Paul R. Larson for rezoning from A (Agricultural) to PD (Planned Development) to allow townhouse and single family development and preliminary plat of Blackhawk Oaks consisting of 16 townhouse units and 9 single family lots was brought before the Council. Larry Frank, Architect, appeared for the applicant, as did Mr. Larson. It was noted that Lynn Rundquist is the owner of the approximately 13 acre parcel and one single family home is located on the property at the present time. Mr. Frank dis- cussed the proposal in detail and it was noted that the Advisory Planning Commission recommended denial. Numerous neighboring property owners were present, most of whom objected to the project, primarily the fact that the townhouse units would be bordering upon the single family to the south. Mr. Frank displayed several alternates, including access locations to Blackhawk Park and stated that contacts have been made with the Park Department but no precise plans for access have been determined at the present time. He further stated that the developer had met with Cy Barry, the owner to the north, when he would be willing to authorize the use of the 16 foot private easement on the south side of the Barry property for extension of Silver Bell Road, running easterly. Neighbors generally preferred a cul -de -sac rather than a through street, but the staff recommended that a through street for Riverton Avenue be included for Fire, Police and safety purposes. There was discussion as to whether the developer should pay the entire cost of the right -of -way on the north line and Councilman Smith indicated that there is apparent need for access to Blackhawk Park. He further stated that it is preferable that the townhouses be located near the north line of the property, if they are to be included in the parcel. Mayor Blomquist stated she was concerned about spot zoning of townhouses and it was her understanding the Council had not allowed installation of townhouses as a buffer after single family had been built. Councilman Wachter favored the single family use and Mr. Frank asked for direction of the Council as to whether the buffer of single family on the south and townhouses on the north side would be acceptable to the Council. Some neighbors stated that there was excessive multiple use in the City at the present time and that they also objected to the density proposed in the townhouse area. After lengthy discussion, Smith moved, Wachter seconded the motion to refer the application back to the Advisory Planning Commission for further review and recommendation, in the event that the applicant revises its plan and further that the Advisory Park and Recreation Commission first review the proposed access locations to Blackhawk Park. All voted yes. 7 Council Minutes August 17, 1982 BRITTANY 4TH ADDITION - REZONING & PRELIMINARY PLAT 00221 William Dolan appeared on behalf of an application for rezoning from R -2 to Planned Development to allow 18 small single family lots and preliminary plat approval of Brittany 4th Addition. The Eagan Advisory Planning Commis- sion recommended approval subject to certain conditions. It was noted the 6.7 acre parcel is currently zoned R -2 and 20 units were planned originally on the parcel adjacent to Johnny Cake Ridge Road. Mr. Dolan was present and stated that the lot frontages varied from 60 to 63 feet, that there will be 2.96 units per acre density, and the average lot size is about 14,000 to 15,000 square feet per parcel with lots varying from 9,000 to 22,000 square feet. Nine of the 18 units are under 12,000 square feet and all are below the 85 foot lot frontage required under the single family provision of the ordinance. The Advisory Park and Recreation Committee recommended that the 30 foot trail - way on the north be vacated and added to the lots abutting the trailway. Councilman Egan stated that the proposal would reduce the project by 2 units and would consist of downzoning but had strong concerns about the lot sizes, and the frontages of the lots. Egan moved, Thomas seconded the motion to approve the application, subject to the following: 1. That the land will revert to R -1 zoning in the event of default. 2. That the planned development be completed within two years from the date of final approval of the planned development. 3. The preliminary plat should be subject to Dakota County Plat Commis- sion's review and comment because it abuts Johnny Cake Ridge Road. 4. The development agreement shall be signed prior to the final plat of Brittany 4th Addition. 5. Park dedication shall be provided as recommended by the Advisory Park Committee. 6. All easements shall be dedicated as requested by City Staff and in accordance with City Ordinances. 7. All access to the lots shall be provided from the cul -de -sac with no direct access onto Johnny Cake Ridge Road. 8. An internal storm sewer system shall be constructed with the outlet constructed to the controlled water elevation of Pond LP -4. 9. A minimum 15 foot utility easement shall be required for the trunk water main looping to the Johnny Cake Ridge 1st Addition. 10. This development shall accept it's assessment for lateral benefit from trunk sanitary sewer at the rates in effect at the time of final plat approval. 9 00 Council Minutes August 17, 1982 11. Berming and landscaping along the south line, to the City's approval, shall be installed at developer's expense. All voted yes. R 82 -41 SEE PLAT FILE BRITTANY 4TH ADDITION - GRADING PERMIT The application for grading and excavation permit for Brittany 4th Addi- tion was, upon motion by Wachter, seconded Egan, approved, subject to compli- ance with the applicable city ordinance. All voted in favor. RIVERGATE TOWNHOUSE - BOND ISSUE Northstar Universal has requested consideration by the City Council to authorize a housing bond issue with the Minnesota Housing Financing Agency to convert the Cedar Bluff Townhouses in the Rivergate Townhouse Project from rental units to homeowner- occupied units. Paul Eckholm of Miller & Schroeder was present as was Paul Smith for the applicant, and it was noted that a public hearing is required to be held before September 1, 1982 to properly consider the request. Certain neighbors were present with questions and comments but there were no objections. 120 units would be included in the Cedar Bluff project and 100 units would remain rental units in Rivergate. Councilmembers indicated that they would favorable consider it only because there is an excess of rental units in Section 9. Smith moved, Egan seconded the motion to schedule a public hearing for August 31, 1982 at the Eagan City Hall at 7:00 p.m. to consider the request for the housing bond issue through the MHFA. All voted in favor. SEE BOND FILE HILLTOP PLAZA FINAL PLAT The application of James Refrigeration Company for final plat approval for Hilltop Plaza was then brought before the Council. The staff recommended approval subsequent to compliance with all City requirements. Councilmembers expressed their dissatisfaction with the removal of trees along the east line of the project which were expressly intended to be retained as much as pos- sible. Harold Peterson with James Hill & Associates appeared on behalf of the applicant. Egan moved, Thomas seconded the motion to approve the application, subject to completion of all city requirements. All voted in favor. R 82 -42 SEE PLAT FILE E 0(1223 Council Minutes August 17, 1982 LONE OAK HEIGHTS ADDITION - FINAL PLAT The request for final plat approval of Lone Oak Heights Addition was next considered by the Council and recommended for approval. It was noted, how- ever, that the performance bonds have not been approved by the City staff. Smith moved, Thomas seconded the motion to approve the application for final plat subject to compliance with all City ordinance requirements, including submission of satisfactory financial guarantees, pursuant to the Development Contract. All voted yea. R 82 -43 SEE PLAT FILE BURNSVILLE /EAGAN CABLE COMMISSION UPDATE Councilman Smith briefly reviewed the current status of the BECC and the meeting that was held on Thursday, August 12, 1982 dealing with evaluation criteria and priorities explaining how the applicant in the RFP will be judged by the Commission and the respective cities. CONTRACT #82 -T - CINNAMON RIDGE 3RD ADDITION STREETS & UTILITIES The bids for Contract #82 -7 consisting of street and utility improvements in Cinnamon Ridge 3rd Addition were received by the City Council on August 16, 1982. The low bidder was Austin P. Keller Construction Company in the sum of $290,939.30 and it was recommended that the low bid be approved. Smith moved, Wachter seconded the motion to accept the low bid and authorize the award of the contract to Austin P. Keller Construction Company as provided above. All voted yes. BETTY BASSETT - HANDICAPPED FACILITY - MEADOWLANDS ADDITION Betty Bassett appeared and discussed with the Council the current zoning of Lots 101 through 104, Meadowlands 1st Addition. Originally, the land was intended for a 32- resident intermediate care facility but because of financing, she has been unable to commence construction. She stated that it was her hope that the Council would authorize the property to be used for 32 residential units which could include some units designed for the physically handicapped. The Councilmembers indicated that the Council had approved the use for intermediate handicapped care facility purposes and part of the parcel had been used for Shale Lane and the two acres originally provided have now been reduced. The zoning map indicates R -1. Wachter moved, Egan seconded the motion to direct the staff to research the issue further and to return with its findings to the City Council at the September 7, 1982 meeting. All voted yes. 10 00204 Council Minutes August 17, 1982 CONTRACT #82 -11 - HILLTOP PLALZA - UTILITIES The final plans and specifications for Contract #82 -11 have now been received and it was recommended that they be approved and that the Council authorize the advertising of bids to be opened at 10:30 a.m. on Thursday, September 2, 1982 at the City Hall. Egan moved, Wachter seconded the motion to accept the recommendation provided above. All voted in favor. CEDARVALE TRANSPORTATION ADVISORY COMMITTEE The Cedarvale Transportation Advisory Committee has been meeting over recent months and has now recommended to the Council that the Council autho- rize the installation of a Park and Ride site on the north side of Cedarvale Shopping Center adjacent to Cedarvale Blvd. Smith moved, Thomas seconded the motion to accept the recommendation and to request that the Metropolitan Transit Commission and the Minnesota Department of Transporation install the Park and Ride site at the north side of the Cedarvale Shopping Center and further, that it install an access drive from Cedarvale Blvd. to Cedarvale Drive. All voted yes. The staff also recommended the Council consider access from certain retail stores to Cedarvale Blvd. Egan moved, Smith seconded the motion to authorize the Public Works Director to prepare plans for the pro- posed connection of the retail location to Cedarvale Blvd. and return to the City Council with the plans for review. All voted in favor. SEPTEMBER 16 SPECIAL MEETING - ELECTION CANVASS A special meeting of the City Council was set for September 16, 1982 at 7:00 p.m. at the City Hall to canvass the ballots from the primary election and also to consider the 1983 budget. WATER TREATMENT PLANT VIEWING The City Council requested the staff determine certain dates for a tour of water treatment plants throughout the metropolitan area to be for City Councilmembers, staff and other interested persons. RAGAN JOINT ZONING BOARD REPRESENTATIVE Councilman Egan stated that he would be unable to attend the August 19 meeting of the Joint Zoning Board. City Administrator Hedges was appointed to act as Eagan's voting member in Councilman Egan's absence. 11 0(j 225 Council Minutes August 17, 1982 ORRIN THOMPSON HOME SIGN Wachter moved, Egan seconded the motion to request that the Orrin Thompson Homes sign be removed from the right of way in the Ridgecliff Addi- tion area. All voted in favor. RIDGECLIFF 1ST ADDITION - EXCAVATION PERMIT The application of U. S. Homes for fill and excavation permit to place excess fill from Ridgecliff 1st Addition on undeveloped property in the pro- posed Galaxy Park Addition, west of Ridgecliff 1st Addition, was then con- sidered. Egan moved, Wachter seconded the motion to approve the application. All voted in favor. BRIARHILL 4TH ADDITION - FINAL PLAT The staff recommended approval of the application of Tollefson Builders, Inc. for approval of the final plat of Briarhill 4th Addition. It was under- stood that neighboring property owners had no objection to the final plat. Smith moved, Egan seconded the motion to approve the application subject to compliance with all City requirements. All voted in favor. MCCARTHY POND CONDEMNATION APPEAL City Attorney Hauge stated that Patrick McCarthy, the owner of the McCarthy property involved in a condemnation action for ponding purposes on the McCarthy property, north of Wescott Road, has now filed a Notice of Appeal of the Commissioner's award as of approximatley August 10, 1982. Upon motion by Wachter, seconded Smith, it was resolved that the Council authorize a cross - appeal on behalf of the City from the Commissioner's award in the McCarthy Condemnation action. All voted in favor. CHECKLIST Egan moved, Thomas seconded the motion to approve the following checklists dated: July 31 & August 17, 1982 All voted yes. 12 0022G Council Minutes August 17, 1982 F.1OxfDlt Upon motion by Wachter, seconded Egan, it was resolved that the meeting adjourn at 11:00 p.m. All voted yes. PHH Secr ry 13