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10/19/1982 - City Council RegularOC2 s9 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 19, 1982 A regular meeting of the Eagan City Council was held on Tuesday, October 19, 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, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as distri- buted. All voted yea. 1. October 5, 1982 _ Regular Meeting. Smith moved, Thomas seconded the motion to th approve e Minutes of October 5, 1982 with the exception that on page 4 regarding Brittany 4th Addition, Project #364, it was noted that the project did not include the installation of water services; further, that Odell's Addition on page 5, Councilman Egan had stated that if the subdivision were allowed, there would be a misuse of the non - conforming use and also objected to the subdivision of the property being accomplished purely for economic reasons. Upon motion duly made and seconded, it was resolved that the Minutes be approved with the foregoing revisions, including the Resolution submitted by the City Attorney regarding the preliminary plat application of Odell's Addition. All voted in favor. 2. Special Meetings - September 2, 1982, September 16, 1982, September 30, 1982, and October 12, 1982. Wachter moved, Egan seconded the motion to approve the minutes of the foregoing meetings. All voted in favor. POLICE DEPARTMENT Chief DesLauriers appeared and reviewed with the Council the findings of the Police Department regarding the traffic study at the intersection of Sigfrid and Sequoia Drive in Evergreen Park and noted that two vehicles drove over the speed limit during certain hours that were patrolled at that inter- section. He recommended against any further traffic signs and upon motion by Wachter, seconded Egan, the report was accepted with no further action. All voted yea. 1 U " C 260 Council Minutes October 19, 1982 PUBLIC WORKS DEPARTMENT Tom Colbert was present on behalf of the Public Works Department. 1. Project #306 (County Road #30), and Project #342 (Cedar Grove Street Construction). Mr. Colbert recommended to the City Council that it hold a special hearing for December 16, 1982 at Cedar Elementary School to discuss . with affected neighboring property owners, proposed improvements for County Road #30 and Cedar Grove street reconstruction. He stated that the County intends to install the improvements during 1983 and it would be necessary to schedule the hearings so that the plans and specifications can be prepared as soon as possible. He also recommended a workshop session with the City Council concerning the procedure for the hearing and proposals for the im- provements. Smith moved, Wachter seconded the motion to schedule a special hearing for December 16, 1982 at 7:00 p.m. at the Cedar Elementary School regarding the above projects. All voted yea. The following consent agenda items were submitted to the City Council for review and approval: 1. St. John Neumann Temporary Licenses. Upon motion duly made and seconded it was resolved that the application of St. John Neumann Church for temporary bingo and non - intoxicating liquor license for November 21, 1982 be approved. 2. Temporary 3_2 Liquor License _ St. John Neumann. It was recommended that the application of St. John Neumann for non - intoxicating malt liquor license for the church for November 12 and 13, 1982 dance be approved. 3. Ordinance Codification Public Hearing. The staff recommended that a public hearing be scheduled for the November 9, 1982 City Council meeting to allow public input into the ordinance codification project that is currently being prepared by Municipal Ordinance Codifiers, Inc. The City staff has been meeting with the ordinance Codifiers periodically, and it is expected that the codification process will be completed by November 9, 1982. 4. 1983 Beer and Liquor Renewals. A list of on -sale and off -sale liquor, wine, club, on -sale and off -sale beer license renewals for 1983 were submitted for approval by the City Council, a copy of which is attached to the packet. 5. Robin Lane - Street I A petition has been received from Metram Properties and Hillcrest Development Co. for the proposed improve- ments to Robin Lane for apartment construction in the Outlot A, Townview 1st Addition. It was recommended that the petition be received and that the City Engineer be authorized to prepare a feasibility report for Project #368. 2 OCZ81 Council Minutes October 19, 1982 6. Contract #81 -5 _ Cinnamon Ridge 1st Addition, et al, Utilities. It was recommended that the eighth and final payment of $2,000.00 for Contract #81 -5 to Barbarossa & Sons, Inc. be approved and that the improvements be accepted for perpetual maintenance. 7. Contract #81 -13 - Windcrest 2nd and Windtree 2nd Addition, Utilities. It was recommended that the fifth and final payment for Contract 381 -13 be approved, payable to Erickson Construction Co. in the amount of $14,911.48 and that the project be accepted for perpetual maintenance purposes. Upon motion by Smith, seconded Egan, it was resolved that the foregoing Consent items be approved with the exception, however, that the on -sale liquor License #9 to Norman Vogelpohl not be granted for the same reasons as were given by the City Council on November 17, 1981 in that no changes have taken place in respect to the building. All voted in favor. HARDRIVES, INC. - SPECIAL PERMIT - I -494 The City Council on November 4, 1981 had officially approved a special permit to Hardrives, Inc. to allow the construction and operation of a temp- orary asphalt plant in the Eagan Industrial Park located between Trapp Road and I -494. It was noted that there was two violations of the conditions imposed by the City Council including a restriction concerning the location for the asphalt and also access to the facility being restricted to Trunk Highway #13 and Trunk Highway #55 only. A request from Hardrives, Inc. to allow the use of the excess material on County Road #11 in Burnsville, was reviewed and upon motion by Wachter, seconded Smith, all voted in favor, it was resolved that a modification of the temporary special use permit be granted, as requested, noting that the material would have to be removed from the site in any event. All voted in favor. BARREL RECONDITIONING, INC. On March 3, 1981, the City Council approved a conditional use permit to allow outside storage and variance from setback requirement for bituminous surface parking lot for Barrel Reconditioning, Inc. at 3370 Mike Collins Drive. It was noted that both conditions are being violated and a contact was made with the company with a reply from Barrel Reconditioner. The company now indicates that the original applicant has gone out of business and a successor corporation has taken over and requested an extension of time because of a very low profit margin to provide for compliance with the conditions within one year. There were questicns from Councilmembers concerning the visual screening and whether storage was below the six foot fence. It was noted that the parking lot had not been hard - surfaced, but after consideration, Wachter moved, Egan seconded the motion to extend the conditional use permit until June 1, 1983 under the same conditions, with the requirement, however, that a $500.00 bond or letter of credit be posted with the City satisfactory to the City staff. All voted yes. 3 Council Minutes October 19, 1982 BRITTANY ADDITION - TRAIL EASEMENT VACATION The public hearing concerning the vacation of a trail easement in Brittany Manor First Addition was then considered by the City Council. Tom Colbert explained the vacation of what was intended to be a park trail but no longer was required by the City and recommended approval of the vacation. There were no objections and no appearances. Smith then moved, Thomas. seconded the motion to close the hearing and to approve the recommendation of the Parks and Recreation Committee that the trail easement be vacated and authorize the execution of the appropriate documents. All voted in favor. R 82 -52 SHEFFIELD ADDITION - PRELIMINARY PLAT At the last regular meeting of the City Council, action was taken to deny the preliminary plat application of Sheffield Addition. Gabbert Development Company has now asked the Council to reconsider its motion and also to clarify the action taken at that meeting. It was noted that the Council had indicated that certain lots in the plat did not provide for 60 foot minimum width at the front lot line, but it was noted that normally the minimum frontage required for a subdivision is computed at the setback line particularly relating to those lots in cul de sacs. Other subdivisions with smaller frontages approved include Wedgewood and Northview Meadows. Mr. Runkle and Mr. Colbert explained the policy of the City and Wallace Gabbert was present for the applicant. After dicsussion, Egan moved, Wachter seconded the motion to reconsider the motion of the City Council at its regular meeting regarding Sheffield Addi- tion. All voted in favor. The Council then reviewed Plans A and B as resub- mitted at the October 5 meeting and Mr. Gabbert recommended Plan B with 39 lots rather than 42 lots in Plan A. Mayor Blomquist suggested that an island be provided in the middle of the eyebrow and Mr. Colbert explained certain problems and objections to such an island, including maintenance and safety factors. A question from Lakewood Hills residents concerning drainage tile running into Lakewood Hills Lake from the north, was answered by the City Engineer. Smith moved, Egan seconded the motion to approve the preliminary plat including Plan B with an eyebrow cul de sac, including a center island, subject to the following: 1. Reduction in the number of lots in the subdivision to provide mini- mum 60 foot lot widths at the setback on all lots. 2. A development agreement shall be executed prior to the final plat approval of Sheffield Addition. 3. No variances for side setbacks or lot coverage shall be approved unless related to trees or topographic hardship for the particular lot as determined by the City. 4. The easterly access of the looped street shall be shifted westerly in order to obtain a 4 -way intersection with the access of Oakwood Heights. 4 Council Minutes O(. 283 October 19, 1982 5. No direct access shall be allowed from Wilderness Run Road. 6. A blanket variance or deviation would be allowed to create the smaller single family lots in accordance with the planned development. 7. An 80 foot right -of -way for Wilderness Run Road shall be dedicated if not previously dedicated under Oakwood Heights preliminary plat. 8. The east intersection at Wilderness Run Road shall be relocated to provide proper allignment or separation with the private drive for Oakwood Heights. 9. This development shall accept all standard City assessments levied and assigned to it. 10. A detailed grading, drainage and erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. If installed privately, the utility layout and design shall be as approved by the City. 12. Necessary ponding easements must be dedicated along the easterly border of this development and also for the southwest corner of the develop- ment as a part of the final plat. 13. A 10 foot drainage and utility easement shall be dedicated adjacent to all public rights -of -way, private property and centered over all internal lot lines, except for the proposed storm sewer locations which shall be 20 feet wide. All voted in favor except Wachter who voted no, objecting to the center island in the eyebrow. SEE PLAT FILE SHEFFIELD ADDITION - GRADING PERMIT The application of Gabbert Development Company for grading permit for Sheffield Addition was submitted and recommended for approval. Egan moved, Wachter seconded the motion to approve the application, subject to compliance with the applicable City Ordinance. All voted yes. 9 • Council Minutes October 19, 1982 SUBDIVISION ORDINANCE Mr. Colbert reviewed with the City Council the Subdivision Ordinance that has been under study and in the drafting stage for nearly two years. Numerous meetings have been held with Planning Commission members, Council members, Developers representatives and other interested citizens during this period of time. The City Council reviewed the proposed Ordinance at its October 12 workshop meeting and the Planning Commission had submitted the Subdivision Ordinance to the City Council and recommended approval. There was no further discussion and no objections to the draft Ordinance. Egan moved, Thomas seconded the motion to approve the Subdivision Ordinance as submitted and to order its implementation and publication. All voted yes. SEE ORDINANCE BOOK WATER TREATMENT PLANT PROJECT On July 20, 1982, the City Council decided to install a water treatment system for the City. City staff and Public Works Committee have been re- viewing several proposed treatment processees and existing plants have been toured, including the Cities of Burnsville and Plymouth. The City Council members at a workshop meeting on October 12, 1982 determined that a gravity system water treatment plant would be preferable and a time schedule has now been prepared for authorization of preparation of plans and the advertisement for bids, award of contract, construction and a completion date of September to October of 1984. Construction would take place on City property at Coachman Road and Yankee Doodle Road and it was recommended that the firm of Bonestroo, Rosene, Anderlik & Associates be engaged to design and do the engineering services for the plant. Councilman Wachter stated he had mixed emotions about voting on such an extensive project without a referendum, but stated that there is clearly a need for the improvement and favored the Council's action to proceed with the project. Wachter moved, Thomas seconded the motion to authorize construction of the 12 m.g. gravity filtration water treatment plant as authorized in the July 20, 1982 City Council Resolution and that the firm of Bonestroo, Rosene, Anderlik & Associates be engaged for design and engineering services as provided in their proposal and the Contract to be entered into with the engineering firm. All voted in favor. RICHARD BUCHAN - WAIVER OF PLAT The application of Richard Buchan for waiver of plat to split off one homestead and create a five acre parcel on the Buchan property on Dodd Road was then considered by the Council. Mr. Buchan was present and explained the reasons why he asked for the split. The Advisory Planning Commission recom- mended approval subject to certain conditions. There were no objections and after consideration, Egan moved, Wachter seconded the motion to approve the application for waiver of plat, subject to the following conditions: 1. Only one home shall be allowed on the 5 -acre parcel and this home shall be located within one of the lots proposed on the overlay plan. � 6 � .- Council Minutes October 19, 1982 2. Adequate rights -of -way should be planned in order that the street meets the City of Eagan's standards at the time development occurs. 3. This area shall be platted prior to any more development on the site. 4. The park dedication shall be satisfied for this newly - created parcel. 5. The applicant should not object to the installation of utilities when they are available to this area. 6. All easements shall be dedicated as required by City staff. All voted in favor. CLARKSON ADDITION - PRELIMINARY PLAT SEE PLAT FILE R 82 -53 The application of Mr. and Mrs. Elmer Scott for preliminary plat approval of Clarkson Place on Highway #3 was then brought before the Council. Mrs. Scott was present and the Advisory Planning Commission recommended approval subject to certain conditions. It was noted the existing driveway on Lot 2 would be used for both lots and eventually access would be installed at the property lines between Lots 1 and 2. The topography is very rough at the present time and after consideration, Smith moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. An easement be grantd to Lot 1 from the southerly access on Lot 2 to provide access. 2. If Lot 1 is sold for the storage of refuse trucks and a building is constructed for this storage, no other construction or development shall be allowed on these lots until such time that utilities are provided to the site. 3. The access to Lot 2 shall be graded and a slope approved by the City Engineer and the disturbed area should be seeded in order to prevent soil erosion. 4. There shall be adequate screening provided to the City's satisfac- tion for the two storage areas. 5. A 10 foot drainage and utility easement shall be dedicated adjacent to all lot boundaries in the plat. 7 0. Z83 Council Minutes October 19, 1982 All voted in favor. The developers of the plat requested authority for a building permit before the completion of the final plat, in order to con- struct a storage building in the fall of 1982. Because of the lateness of the season, Wachter moved, Thomas seconded the motion to approve the request for building permit, subject to the execution of an agreement concerning the construction of the building prior to final plat approval, which shall be approved by the City staff. All voted yes. SEE PLAT FILE KINDER CARE LEARNING CENTER - REVISED PRELDUNARY PLAT The application of Kinder Care Learning Center for revised preliminary plat in Pilot Knob Associates First Addition and to adjust lot lines to allow Kinder Care facility as a part of Pilot Knob Center preliminary plat, was then considered by the Council. Mr. Robert Fors was present for the applicant. It was noted that the important issue was that there is no building in the commercial shopping center district of 20,000 square feet or greater, as required under the Ordinance as the initial building in the shopping center. Also, the building is included within a parcel that has only preliminary plat approval and a request for extension has now been submitted and is on the current agenda. The Council has insisted on a minimum 20,000 square foot building in other comparable centers and although clearly the City Council noted that need for such a facility may exist in the area, there were ques- tions concerning future development of the area as a community shopping center. Wachter moved, Thomas seconded the motion to continue consideration of the application until there is a determination by the developer as to the platting and scheduled use of the plat within which the Kinder Care Learning Center is intended to be located. All voted yes. PICCOLO PIZZERIA - 3.2 BEER LICENSE An application from Gregory Dale Heuer, 901 Cherokee Ave., West St. Paul for 3.2 beer license to operate Piccolo's Pizzeria was considered by the Council. Mr. and Mrs. Heuer were present. There were no objections and Smith moved, Thomas seconded the motion to approve the application subject to staff approval and compliance with the necessary ordinance requirements. All voted yes. 0 (k 287 Council Minutes October 19, 1982 YANKEE DOODLE DEVELOPMENT COMPANY - VARIANCE An application of Yankee Doodle Development Company and Dennis Peck for reduction of the 30 foot spacing requirements between lot lines for the con- struction of townhouse units, rather than quadraminium units, in the Wescott Hills Fourth Addition was then discussed by the Council. Mr. Peck was present and he stated that the intention is to provide a 96 foot building on each quadraminium site with the quads in a straight line rather than in 4 -plex clusters. He stated the reason is to reduce expense and also provide double tuck -under garages for each unit. There was discussion concerning the possibility for one homeowner's association in the event of the split and sale of any of the individual units separately and a request to divide each of the 4- plexes into separately owned parcels. Smith moved, Egan seconded the motion to approve the variance subject to compliance with all necessary ordi- nance requirements and the following: That there would be a maximum of 2 access locations to the public street for each 4 -plex and further, that there be a maximum of one homeowner's association for all common areas, in the event of any split up of the units within the entire subdivision. All voted in favor. FEDERAL LAND COMPANY - I.R. FINANCING FOR MOTEL An application of Federal Land Company for 3.25 million dollar motel industrial revenue financing for the Bicentennial Planned Unit Development near the Yankee Square Shopping Center, was then considered by the Council. Martin Colon and Charles Bartholdi appeared for the applicant. Smith moved, Thomas seconded the motion to schedule a public hearing for November 16, 1982 at 7:00 p.m. at City Hall to consider the Industrial Revenue Financing for the motel project as requested. All voted yes. SEE BOND FILE COTTONWOOD ADDITION - PRELIMINARY PLAT EXTENSION A request from Kenneth M. Erickson for one year extension of the prelimi- nary plat of Cottonwood Addition north of Lone Oak Road was, upon motion by Smith, seconded Wachter, approved as requested. All voted in favor. SEE PLAT FILE L & F ADDITION - PRELIMINARY PLAT EXTENSION The request of the developer of L & F Addition for one year extension of the preliminary plat was then considered. Thomas moved, Egan seconded the motion to approve the request. All voted in favor. SEE PLAT FILE E 0C 0 0- 2 0 083 Council Minutes October 19, 1982 PILOT KNOB OFFICE PARK - PRELIMINARY PLAT EXTENSION The request of Kenneth Applebaum for extension of Pilot Knob Office Park preliminary plat for 12 months was then considered by the City Council. Wachter moved, Egan seconded the motion to approve the request for extension. All voted in favor. SEE PLAT FILE COUNTRY GLEN CONDOMINIUM - PRELIMINARY PLAT EXTENSION A request for one year extension for preliminary plat of Country Glen Condominiums project was brought before the Council and upon motion by Egan, seconded Wachter, it was resolved to approve the one year extension. All voted yes. SEE PLAT FILE BERRY RIDGE ADDITION - PRELIMINARY PLAT EXTENSION The request for extension of a 12 month period for the preliminary plat approval of Berry Ridge Condominium project was reviewed by the council and upon motion by Wachter, seconded Thomas, it was resolved that the request be approved for the extension. All voted in favor. SEE PLAT FILE LONE OAK HEIGHTS - FINAL PLAT REVOCATION Tom Colbert explained to the City Council that on August 17, 1982 the final plat approval of Lone Oak Heights Addition was approved by the City Council subject to developer complying with all ordinances including submis- sion of financial guarantees. It was noted that the financial guarantees submitted to the City were inadequate according to City standards and 60 days will have expired by October 19, during which time the final plat is required to be completed under City requirements. Orrin Aune was present and submitted shortly before the meeting, two performance bonds and a letter of intent to submit letter of credit which Mr. Colbert indicated were not sufficient, according to city requirements. Staff recommended against approval of the documents and Egan moved, Wachter seconded the motion to revoke the final plat approval previously granted on October 17, 1982, due to non compliance with the subdivision ordinance pertaining to financial guarantees. All voted in favor. SEE PLAT FILE MARY TESKE - RIVER HILLS 9TH ADDITION Mary and Paul Teske appeared and were concerned about the potential problems with the water treatment plant if the system is found to be defec- tive. Mr. Colbert was asked to investigate the potential defects in water treatment plants and was asked to report to the Council. 10 OC 289 Council Minutes October 19, 1982 NAEGELE BILLBOARD - CEDAR AVENUE Mr. and Mrs. Teske and another neighbor also objected to the sign being constructed by Naegele Outdoor Advertising Co. on Cedar Avenue between Cliff and Nicols Roads claiming it was causing a nuisance and was an eyesore in the area. The Council explained that a recent review of the billboard ordinance had taken place by the City and after discussion, Blomquist moved, Egan seconded the motion to instruct the staff to determine whether the billboard construction complies with the ordinance requirements and the application with the staff to determine its impact on the neighboring residential owners with the possibility of revisions to the sign ordinance, including potential revo- cation of the permit for the billboard in the event it does not comply with ordinance requirements. All voted yes. CHECKLIST Upon motion by Egan, seconded Wachter, it was resolved that the following checklist be approved dated: 9 -30 -82 &11- All voted in favor. lil) I k 1; 1:4 k ii Upon motion by Smith, seconded Wachter, it was resolved that the meeting adjourn at 10:20 p.m. All voted yea. PHH Secr y 11