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12/21/1982 - City Council Regular00329 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 21, 1982 A regular meeting of the Eagan City Council was held on Tuesday, December 21 1982, at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, City Engineer Rosene, Public Works Director Colbert, and City Attorney Hauge. AGENDA Wachter moved, Thomas seconded the motion to approve the agenda as dis- tributed. All voted yes. Egan moved, Wachter seconded the motion to approve the minutes of the regular meeting of December 7, 1982. All members voted in favor. December 8, 1982, Special Council Meeting. Thomas moved, Smith seconded the motion to approve the minutes. All voted in favor. December 14, 1982, Special Council Meeting Minutes. Wachter moved, Thomas seconded the motion to approve the minutes with the exception that on page two that the word "majority of the persons" rather than unanimously approved be inserted, in relation to Project #342, Cedar Grove 1 and 2 Street Rehabilitation.• All voted in favor. FIRE DEPARTMENT Fire Station No. 1 I mprovements. Quotations for repairs to Eagan Fire Station No. 1 were received on December 17 covering certain improvements to the building. The only bid was from Don Christianson Building Company in the sum of $5,306 with Alternate 1 a $550 addition for 60,000 Co- Ray -Vac gas heater and Alternate 2 in the amount of $960 to replace the west and south service doors with insulated steel doors and steel frames. Ken Southern of the Fire Department was present and discussed the proposal. Thomas moved, Egan seconded the motion to approve the quote of Don Christianson Building Company for $5,306 plus Alternate 2 for the insulated doors. All voted yea. Wachter then moved, Thomas seconded a motion to approve emergency repair work to the roof if it is deemed necessary. All voted in favor. 1 Council Minutes December 21, 1982 PARK DEPARTMENT Commercial and Industrial Park Dedication Requirements. Chairman Roger Martin, Members Sandy Masin, Dick Carroll and Doug McNealy together with Ken Vraa, the Eagan Park and Recreation Director, were present to discuss with the Council a proposal of the Park and Recreation Committee to consider park dedication in commercial and industrial developments. A detailed report was submitted and the Council reviewed the minutes of the December 2, 1982, Parks Committee Meeting, recommending that up to 7.5% net land area or .04 cents per square foot net land market value in commercial and industrial areas be re- quired; further, up to 75% of derived fee for significant on -site recreation facility which is available for community use on a long -term contract or commitment; and up to 25% of derived fee for on -site storm sewer water ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources; further, that the dedication of land be made at the time of the approval of a final plat and dedication of cash at the time of acquisition of the building permit. There was discussion concerning the procedure for dedication of park land and cash in other communities and a study has been made of other comparable metropolitan suburbs generally indicating that commercial /industrial park dedication is required in commercial and industrial areas. There was concern by Councilmembers as to whether it would be feasible and technically possible to require the dedication of fees in commercial /industrial areas already platted at the time of site plan approval or building permit approval, and it was noted that M.S.A. Chapter 462 provides that dedication may be required in a reasonable amount at the time of the approval of a proposed subdivision. After extended discussion, Wachter moved, Thomas seconded the motion to authorize the City to proceed with the implementation of a policy under the subdivision ordinance to provide that the City will require up to 7.5% net land area or .04 cent per square foot net land market value for park fee dedication in commercial and industrial areas with the cash to be contributed at the time of approval of a final plat or at the time of site plan or building permit approval with the understanding that such fee dedication shall take place in existing platted areas or in commercial /industrial areas platted in the future; further, that in the event that the City Council determines that land should be dedicated in such commercial/ industrial areas, that the dedication shall take place at the time of approval of the final plat; fur- ther, to implement the credits for on -site recreation facilities installed by a developer or subdivider and also storm water ponding credits as proposed by the Advisory Park Committee; further with the understanding that such policy will be implemented as of January 1, 1983, with a detailed policy statement to be prepared to implement the revision in the City policy and further to authorize any required amendments in the subdivision ordinance to implement the change. All voted in favor. 2 � c .., Q3 Council Minutes December 21, 1982 DODD ROAD SPEED LIMIT A petition has been received from 37 residents on Dodd Road south of Cliff Road requesting reduction of the speed limit to 30 miles per hour and in addition "children at play" signs be installed by Cliff Road and Gun Club Road. It was noted that the area does not qualify as an "urban district" area and it is expected that the Minnesota Department of Transportation would not authorize the 30 mile per hour speed limit in that vicinity. A number of property owners were present and Councilmembers also renewed their request for legislation to increase the urban district residential spacing from 100 feet to 300 feet for one- quarter mile to relieve the speed problem in a number of areas within the City. After discussion Wachter moved, Egan seconded the motion to authorize the installation of additional traffic signs at the discretion of the Public Works Department including the "children at play" signs and further requested that a letter be forwarded to the State legislators renewing the request of the City to change the urban district spacing from 100 feet to 300 feet for residential homes. All voted yes. McLEAN HODAK PROPERTY GRADING AND EXCAVATION PERMIT -- T.H. 55 An application was received for a grading and excavation permit on the McLean Hudak property near the northwest intersection of T.H. #55 and Highway #49. The matter had been continued from the November 16 meeting in order to allow the contractor, Johnson Brothers Contracting, to contact neighboring owners to explain the proposal. Representatives of Johnson Brothers were present as were a number of neighboring property owners. Mr. Colbert ex- plained the proposal and stated the intent is to fill the property including low areas with 250,000 cubic yards of material from the I- 494/2 -35E intersec- tion excavation project. Neighbors were not overly enthused about the project stating that a pond had been located on the property for many years, but it was noted it was not intended as a permanent storm sewer pond area. After discussion Egan moved, Thomas seconded the motion to approve the application with the understanding that if there are any problems that arise during the course of the construction season that the application be returned to the City Council for consideration in correcting the problems; further, that the appli- cant comply with the Eagan excavation ordinance in all respects. All voted in favor except Blomquist who voted no noting that the landowner does not have a defined use for the property at the present time. 3 IA y <� Council Minutes 0 0W December 21, 1982 BLACKHAWK LABS TRUNK STORM SEWER -- PROJECT #297R The continued hearing concerning two parcels under Project #297R was next convened by Mayor Blomquist. Tom Colbert reviewed with the Council the back- ground of the project including the Floyd Bryant property and recommended that the parcel be eliminated from the assessment roll noting that the majority of the land does not lie within the drainage basin for the Blackhawk Lake trunk storm sewer project. He therefore recommended deletion and that it be in- cluded in a trunk storm sewer project at such time as the land to the east is assessed for storm sewer purposes. In addition, there was discussion con- cerning the James Horne property east of Pilot Knob Road and it was recom- mended that Dan Dwyer be hired as the appraiser according to the proposal submitted and that the hearing be rescheduled to a later date in order to present engineering and benefit testimony to the City Council. Mr. and Mrs. James Horne were present and Mr. Horne indicated that he would be out of town from late January to early February and requested an early March hearing. Wachter moved, Egan seconded the motion to delete the Floyd Bryant property with the understanding that it will be assessed at a later time. All voted in favor. Smith moved, Egan seconded the motion to continue the hearing regard- ing the James Horne and Horne Develoment Corporation property under Project #297R to the regular City Council meeting on March 1, 1983, at 7:00 p.m. with the understanding that if there is insufficient time during that meeting that it be continued to another special Council meeting date. All voted yea. 1983 GENERAL FUND AND REVENUE SHARING BUDGET The 1983 General Fund and Public Enterprise Fund Budget have been re- viewed and modified by the City Council during the months of August through October with a general fund budget reflecting a total expenditure for 1983 in the amount of $3,732,950. The Public Enterprise Budget consisting of water, sewer and street lighting is proposed to be $2,115,750. Tom Hedges also reviewed with the Council the impact of the expected reduction in revenues based upon the 1982 Legislative Budget Bill approved in 1982 which will reduce the revenues by $25 In addition, during 1983, City employees will be required to contribute an additional 2% of salary to PERA. The hearing was also convened concerning Federal Revenue Sharing and it was proposed to consider adoption of the Federal Revenue Sharing Budget. It was expected the City will have approximately $261,000 allocated for Federal Revenue Sharing money during 1983. Upon motion of Wachter, seconded Thomas, it was Resolved that the Council approve the 1983 General Fund Public Enter- prise Fund and Federal Revenue Sharing Budget as presented to the Council. All voted in favor. D 82 -19 m �3 Council Minutes December 21, 1982 CONSENT AGENDA The following consent agenda items were submitted by the staff and recom- mended for approval. 1. Kennel License Renewals. The following kennel license renewals were in order for consideration and recommended for approval: William E. Able, 3506 Lexington Avenue South Arlene Allan, 4790 South Robert Trail John Clary, 3555 Trails End Road Janis MacKimm, 1690 County Road 30 John I. Sandberg, 1560 Yankee Doodle Road 2. Traffic Signal Maintenance Agreement -- Dakota County. It was recom- mended that the Council approve Dakota County Signal Maintenance Agreement 82- 09 and approve a Resolution authorizing the Mayor and City Clerk to execute the agreement. R 82 -60 SEE AGREEMENT FILE 3. MnDOT Cost Participation Agreement -- I -35E /Cliff Road. It was recommended that the Resolution requesting MnDOT to prepare a Cost Participa- tion Agreement for installation of a 36 -inch storm sewer under Cliff Road as a part of I -35E interchange with Cliff Road be approved by the City Council. R82 -61 SEE AGREEMENT FILE 4. MnDOT Agenc Agreement. The staff recommended that the Council approve the MnDOT Agency Agreement and authorize the Mayor and City Clerk to execute the agreement providing for the City appointing the Commissioner of Transportation as its agent with respect to all federally funded projects, to accept and receive all federal funds made available for such projects and to award the contracts for the construction of improvements of local streets. SEE AGREEMENT FILE 5. Conditional Use Permit Renewals. It was recommended that the fol- lowing conditional use permits be approved and renewed for 1983: Merlin Barfknecht, 835 Lone Oak Road, for tire and supply storage in his garage; Elroy and Brett Mann, 3165 Dodd Road, car storage for Mendota Skelly; Dr. Ethel Traxler, 1467 Highview Avenue, for an office in the home. Upon motion by Egan, seconded Wachter, it was Resolved that the foregoing consent agenda items as recommended be approved and order implemented. All voted yes. 5 Council Minutes December 21, 1982 NAEGELE OUTDOOR ADVERTISING SIGN PERMIT The Council again discussed the action of the City Council on September 7, 1982, to approve an advertising sign on the east side of new Cedar Avenue between Cliff Road and Diffley Road. It was noted that the conditions recom- mended by the Advisory Planning Commission to the City Council regarding the Naegele application had inadvertently been eliminated from the Council minutes of September 7, 1982, and it was recommended that the minutes be revised to include them. Egan moved, Thomas seconded the motion to amend the Resolution of September 7, 1982, concerning the Naegele application to include the fol- lowing conditions: 1. When construction occurs on Lot 2, Cedar Ridge 2nd Addition, the advertising sign shall be removed. 2. The sign shall not exceed 450 square feet of signage. tion. 3. The sign shall not be higher than 40 feet at this particular loca- 4. The sign shall be required to meet all setback requirements of Ordinance 416. 5. The sign shall meet all other applicable ordinances. Julianne Bye of Naegele Sign Company was present as were a number of property owners from River Hills 9th Addition. Objections have been received from property owners of the Cedar Grove area and the River Hills 9th Addition concerning the height and the nature of the advertising sign. Mr. Hedges indicated that two meetings have been held with Naegele representatives and that Naegele has now offered to reduce the height of the sign and also to explore the possibility for another location. Julianne Bye indicated that the sign could be lowered somewhat and that Naegele is attempting to negotiate with the owers for a different location that may be more acceptable to the City. Mary Teske and others from River Hills 9th appeared and objected to the sign including the type of advertising on the face of the signs. Egan moved, Wachter seconded the motion to continue the consideration of revision to the sign noting that it appeared to be in violation of the height provision of the Sign Ordinance until the January 4, 1983, Council meeting. Those in favor were Smith, Egan and Thomas; those against were Wachter and Blomquist. DIAMOND LAKE IR FINANCING -- SULLIVAN'S SUPER VALU The request of Diamond Lake, Inc., for approval of the final resolution for industrial revenue financing for the proposed Sullivan's Super Valu market in the proposed Pilot Knob Shopping Center was brought before the Council. A request, however, has now been made by Diamond Lake to continue the approval of the final resolution indefinitely. Egan moved, Thomas seconded the motion to authorize the continuance of the adoption of the final resolution until it is again submitted by the applicant. All voted yes. C� 00335 Council Minutes December 21, 1982 BRITTANY 3RD ADDITION - VARIANCE An application of Tollefson Builders, Inc. for ten foot front setback variance on Lots 2 through 10, Block 3, Brittany 3rd Addition was presented to the Council. The Advisory Planning Commission recommended approval and there were no objections to the application. Smith moved, Egan seconded the motion to approve the application subject to compliance with all other applicable ordinance requirements. All voted yes. NORTHWESTERN NATIONAL BANK REZONING, PRELIMINARY PLAT & CONDITIONAL USE PERMIT NORWEST 1ST ADDITION An application of Banco Properties for rezoning approximately 4.4 acres from A (Agricultural) to GB (General Business), for preliminary plat approval of Norwest 1st Addition consisting of 6.4 acres and 82 commercial lots and a conditional use permit to allow a drive-up teller, in conjunction with pro- posed Northwest Bank facilities was presented to the Council. Mr. Walter Klus of Banco Properties, Inc. appeared as did other representatives of the Bank including the Architect for the proposed project. Hedges introduced the project and noted that the Advisory Planning Commission recommended approval subject to a number of conditions. Joe Wachtler, a neighboring property owner was also present and expressed his concerns regarding assessments. The property would include the Fournier and Texaco properties and Mr. Klus stated that Third Northwestern Bank would be the managing bank. He stated that the applicant is asking for a right-turn only on Yankee Doodle Road, and further, that the Fournier house be used as a temporary banking facility for up to one year. There is no present plan for development of the balance of the parcel. He also stated that 50 feet north of the Wachtler property could be sold to the Wachtlers, and further, that the Wachtlers would not be required to parti- cipate in any of the special assessments for the project. Mr. Klus requested General Business zoning because of the uncertainty of the use, but Councilmem- bers explained that the policy of the City is to avoid rezoning until a specific use is provided and recommended Planned Development overlay for the project at the present time. There was a question as to whether the City would assess the adjacent benefited property, but no detailed study has been made at the present time. In addition, Council members questioned whether the City should maintain the access road from Pilot Knob Road and the general consensus was that the road be dedicated to the City but be privately main- tained possibly until the road is extended easterly. Paul Hauge, City Attorney, recommended that if the property owners and developers would consent in writing to the revision of the zoning application to Planned Unit Develop- ment overlay and Agricultural-Limited Business underlying zoning, that the III applicant could then avoid an additional public hearing for rezoning to Planned Development. After extended discussion, Smith moved, Egan seconded the motion to approve the rezoning to Planned Unit Development overlying, with underlying Limited Business Zoning for the bank site and underlying Agricul- 7 00 Council Minutes December 21, 1982 tural for the balance of the site, subject, however to the consent of the property owners and developer, noting that there was some uncertainty as to the use of the property on the east. All voted in favor. Egan then moved, Wachter seconded the motion to approve the application for the preliminary plat approval, subject to the following conditions: 1. That the access road from Pilot Knob Road on the north would be maintained as a private road; further, noting that there is some uncertainty as to the assessments against the Wachtler property. 2. That the temporary bank facility should be utilized for no more than one year. 3. That the existing house will then be removed after one year from the date of the approval of the final plat by the council; and further that landscaping, as approved by the City, shall be installed around the temporary facility at the time of occupancy of the new bank facility by the applicant. 4. That all improvements to the parcel, including street and utility improvements be assessed against the Norwest 1st Addition and that the Wachtler property not be assessed unless specific consent is given by the owners of the Wachtler property for the improvements installed as a result of the proposed subdivision. 5. That the proposed 50 foot parcel immediately north of the Wachtler property intended to remain vacant under the proposal, be designated as an Outlot in Norwest lst Addition. 6. A detailed grading, drainage and erosion control plan shall be submitted prior to the application of the final plat. 7. All parking and roadway areas shall include asphalt surface and concrete curbing around the perimeter. 8. The public street proposed shall be constructed with the first phase of the development. 9. A detailed landscape plan shall be approved for the bank facility and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 10. All utilities shall be stubbed to Lot 2, in order that Lot 2 can be determined a buildable lot. 11. The preliminary plat shall be subject to Dakota County Plat Commis- sion's and Minnesota Department of Transportation's review and comment because the proposed plat abuts County and State rights -of -way. 12. All other City ordinances shall be met. 9 Council Minutes December 21, 1982 003 3 13. A 20 foot utility easement centered over the proposed water main lateral and storm sewer line shall be required as a part of the final plat. 14. A 5 foot drainage and utility easement shall be required bordering the preliminary plat boundaries and a 10 foot utility and drainage easement be required to be centered over the internal lot lines. 15. Private utility and street plans shall be submitted for approval by the City Engineer. 16. This development shall accept its financial responsibility for lateral benefit from trunk water main and trunk area assessments for water and storm sewer to be calculated at the rates in effect at the time of final plat approval consistent with the proposed zoning and land use of the property as approved for development. 17. The water main shall be looped to the water main in Sherman Court concurrent with development of Lot 2. All members voted in favor of the motion. R 82 -62 SEE PLAT FILE PICCOLO'S PIZZERIA - AMUSEMENT DEVICE LICENSE An application of the Harold Awe Company for amusement device licence for one amusement device located in Piccolo's Pizzeria was submitted for consider- ation. There were no appearances and no objections. Egan moved, Smith seconded the motion to approve the application, subject to compliance with the City ordinances. All voted yea, except Wachter who voted no. LOCAL GOVERNMENT AID FORMULA - RESOLUTION A proposed resolution was submitted by the City Administrator to the Council for the purpose of considering changes to the local government aid and homestead tax credit distribution formulas. A committee chaired by Represen- tative Gordon Voss is now considering changes and it was noted that the net effect of the Minnesota State deficit and property tax shift from the core cities may result in a loss of local government aid and homestead tax credit. A new bill has now been presented which would eliminate all local government aid to Eagan. Egan moved, Wachter seconded the motion to approve and autho- rize the Resolution as presented to be submitted to the local legislators. All voted in favor. R 82 -63 E Council Minutes December 21, 1982 FREDRICKSON OUTDOOR ADVERTISING SIGN APPLICATION An application of Fredrickson Outdoor Advertising for an advertising sign was reviewed by the Council. Mr. Duane Fredrickson appeared for the applicant and noted that the location would be at the intersection of #13, Cedarvale Blvd. and Silverbell Road. The sign would be 27' 3 above the property level, according to Mr. Fredrickson, and he had no lighting plans at the present time. There were no objections to the application. Wachter moved, Thomas seconded the motion to approve the application, noting that it appeared to be in a location that would be advantageous to commercial establishments in the area which would use the sign and it did not appear that there would be any neighboring residential property owners that would be impacted and further, subject to the following conditions: 1. That the open area be enclosed so as to have a completely closed sign on three sides. 2. The sign shall be no higher than 27.5 feet above the base of the pole. 3. The signage shall not exceed 250 square feet per side. 4. When the subject parcel is platted or developed, the advertising sign must be removed. All voted yea. TOMARK 2ND ADDITION - FINAL PLAT 033 The application of Land Tech Development Company for final plat approval of Tomark 2nd Addition was presented. The applicants have now indicated that they will pay the required $19,656.00 park dedication fee as a condition of final plat approval. Upon motion by Egan, seconded Thomas, it was resolved that the application for final plat approval be approved and the Mayor and Clerk be authorized to execute all related documents. All voted yes. R 82 -64 SEE PLAT FILE NORTHVIEW MEADOWS TRUNK UTILITIES - CONTRACT #83 -2 The bids have now been recieved for the Northview Meadows trunk utilities project under Contract #83 -2 and it was recommended the low bidder, Austin P. Keller Construction Co., in the amount of $299,997.00 be approved with the exclusion of the alternate bid. Smith moved, Wachter seconded the motion to award the contract to the low bidder, Austin P. Keller Construction Co. as recommended by the Public Works Director. All voted in favor. it$] V 0 0339 Council Minutes December 21, 1982 RAGAN HISTORY BOOR Chief of Police, Martin DesLauriers and City Attorney, Paul Hauge, met with Frank Dembroski and Arnold Carlson of the Eagan History Advisory Commit- tee on December 13 and discussed the two history book manuscripts that have now been prepared by the History Committee and the City Intern, Lisa Fleming. In addition, they discussed the request of the Council that Mr. Dembroski return the history pictures to the City Administrator. It was noted that the Red Book has condensed some of the family history from portions of the Blue Book. There was extended discussion by the Council with Arnold Carlson and also with Leo Murphy concerning certain sections of the Books. Mr. Carlson recommended that the incorporation section and the history of the churches be expanded and that the two books be incorporated so that the manuscript can be completed. It was noted that there was a clear difference in style and it was suggested that the history of some families be included in a separate section of the book. The staff and committee members were again requested to meet and to attempt to revise certain portions of the Red Book to include expanded areas of incorporation, history of churches and certain families, in order to attempt to resolve the issue. 1983 LEGISLATION Mayor Blomquist reviewed with the Council certain areas that the League of Cities and Association of Metropolitan Municipalities are expected to be promoting during the 1983 Legislative session and the Council will be kept up to date from time to time concerning the progress of such legislation. CINNAMON RIDGE 3RD ADDITION - FINAL PLAT AMENDHENT Tom Colbert presented several alternatives to the completion of Cinnamon Ridge 3rd Addition, noting that the final plat has now been recorded and because the developer has chosen not to proceed with utility installation in a portion of the subdivision, he recommended the following options: 1. To replat lots 8 through 28 of Block 2, and Outlot B, C, and D into one large outlot. 2. To require the developer to submit a performance bond or letter of credit in the sum of $60,000.00, the estimated cost to provide street and utilities to lots 8 through 28, Block 2. 3. To put a moratorium on all building permits for Lots 8 through 28, Block 2 until all grading, streets and utilities are completed and installed and accepted by the City. 11 0(.13. -� Council Minutes December 21, 1982 Councilmembers indicated that both options 2 and 3 may be requierd in order to effectively implement any revision to the plat as proposed. After discussion, Egan moved, Smith seconded the motion to approve alternates 2 and 3 for the Cinnamon Ridge 3rd Addition as they pertain to street and utility improvements to Lots 8 through 28, Block 2, Cinnamon Ridge 3rd Addition. All voted in favor. SEE PLAT FILE DREREL HEIGHTS - STREET ASSESSMENTS - PROJECT #240 The Director of Public Works and the City Attorney discussed with the Council the current status of the street assessments in Drexel Heights Addi- tion. Tom Colbert submitted some statistics on the amount of costs incurred by the City, including developer site preparation costs, residential street costs and inflation costs due to project delay, for review by the Council. Several alternates for proposed settlement of the special assessment issue, which assessments were appealed to the District Court, were discussed by the Council. Egan moved, Wachter seconded the motion to authorize the Public Works Director and City Attorney to proceed with negotiations including the commencement of court action, if necessary, in order to complete the levy of the assessments and collection of the costs incurred by the City for the installation of the streets. All voted in favor. CHECKLIST Upon motion by Egan, seconded Thomas, it was resolved that the following checklists be approved, dated: November 30 & December 21, 1982 . All voted in favor. f3T03 of ii'lt�-ki Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. PHH �i City, erk 12