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02/01/1983 - City Council Regular 00020 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 1, 1983 A regular meeting of the Eagan City Council was held on Tuesday, February 1, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Ad- ministrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Wachter, seconded Egan, it was resolved that the Agenda as distributed be approved with the understanding that the application of Re- liance Builders for preliminary plat approval of Fish Lake Addition be con- tinued until the next regular meeting, as was the application of MGM Liquor for off-sale liquor license. All voted in favor. MINUTES Egan moved, Smith seconded the motion to approve the Minutes of the January 18, 1983 meeting with the exception that on page 2, it was understood that the Engineering Department will attempt to move the right-of-way of Blackhawk Road as far west as possible under Project #317 to minimize the impact on the existing homes; and further on page 3, regarding Lentsch Realtors Waiver of Plat, condition No. 5, that the property be rezoned in the near future to R-1 Single Family. All voted yea. FIRE DEPARTMENT 1. Volunteer Fire Relief Association Pension Fund. John Flood, Ken Southorn, and Dick Schindeldecker appeared on behalf of the VFD Relief Asso- ciation requesting ratification of the pension plan increase, which has now been approved by the Relief Association members; in addition, there would be a By-Law change to reflect the increase in the pension, based on the revised September 2, 1982 City Administrator's memorandum, and the copy of the By-Law revisions of January 24, 1983 attached to the packet. Mr. Southorn indicated that the Relief Association members have now accepted the revisions. Council- man Smith stated that the City Council and Relief Association have been working a long period of time on these revisions and the intent is to protect the City in the long run and also, to assist the longer-term members who had very small pension benefits early in their fire department careers. Smith moved, Egan seconded the motion to approve the revisions to the pension plan and also to approve the By-Law changes as proposed by the City Administrator. All voted in favor. 1 0C62I Council Minutes February 1, 1983 SPECIAL CITY COUNCIL MEETING - FEBRUARY 8, 1983 Egan moved, Wachter seconded the motion to approve the setting of a special City Council meeting for Tuesday, February 8, 1983 at 7:00 at City Hall to constitute a joint meeting with the Park and Recreation Commission to discuss the proposed Parks Master Plan. All voted yea. PUBLIC WORKS DEPARTMENT 1. I-35E Local Road Construction. Mr. Colbert reviewed a 1978 Resolu- tion of the City Council committing the City to upgrade Blackhawk Road and Deerwood Drive to a minimum 48 foot width within five years of the completion of the Interstate and a letter from MnDOT covering recent revisions to the Federal Highway Administration eligibility requirements for interstate funding was reviewed by the Council. The provision now requires that the local roads be completed no later than the completion of the adjacent Interstate construc- tion and a proposed Resolution was submitted acknowledging this revision. Egan moved, Thomas seconded the motion to approve the Resolution as presented by the staff. All voted in favor. Councilman Wachter objected to the assess- ments as proposed. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval. 1. Casino Night/St. John Neumann Church. An application of St. John Neumann Church for gambling license and 3.2 on-sale beer license for February 26, 1983 at the annual Casino Night was submitted and recommended for approval. 2. Project #330 - Feasibility Report _ Lexington Avenue. The City staff has now prepared the Feasibility Report for Project #330 consisting of street surfacing and storm sewer for Lexington Avenue and it was recommended that a public hearing be scheduled for March 1, 1983 at 7:00 p.m. at City Hall. 3. Twin View Manor 2nd Addition - Contract #82-4 - Change Order #2. Two changes were required in the Twin View Manor 2nd Addition - Cinnamon Ridge 1st Addition, Contract #82-4, and it was recommended that parts A and B under Change Order #2 be approved with an additional add-on of $8,268.92. Upon motion by Smith, seconded Wachter, it was resolved that the fore- going Consent Agenda items, as recommended, be approved and ordered to be implemented. All voted in favor. 2 O(, w22 Council Minutes February 1, 1983 CEDAR GROVE 1st & 2nd ADDITIONS - PROJECT #342 STREET RECONSTRUCTION The Mayor reconvened the improvement hearing on Project #342 consisting of street reconstruction in Cedar Grove 1st and 2nd Additions. It was noted that public hearings were held on December 14, 1982 and January 4, 1983 to consider the improvements and the City staff has now sent a survey question- naire to all property owners effected by the street project. 476 surveys were mailed with 219 responses or 46%. A summary was submitted to the Council and explained to the large number of neighboring property owners who were in the audience. The Public Works Department expressed its strong recommendation for concrete curbs and gutters because of the long-term maintenance costs and extended life of the pavement. Mr. Colbert outlined the advantages and disad- vantages of the concrete curb and gutter and noted that the first payment on the assessments would not come due until May of 1985. Comments on the surveys were also distributed to the City Council. Numerous questions were asked by persons present, including the persons who lived on the Nicols Road service road. Mr. Colbert recommended an agreement from the property owners along Nicols Road to avoid a later assessment and further stated that the City Council has an obligation to improve streets at the lowest long-term potential cost, including on-going maintenance. Councilman Wachter recalled that the City Council policy was adopted several years ago to support concrete curb and gutter for street reconstruction projects; other members stated that they were not aware of such a policy. After an extended question and discussion period, Councilman Smith moved, Wachter seconded the motion to close the public hearing; further, that City staff investigate the potential for the City contributing an additional sum towards the cost of installing the con- crete curb and gutter in lieu of the projected additional maintenance cost in the event that such concrete curbs and gutters are not installed; further, that the plans and specifications be prepared and that the Clerk be authorized to advertise for bids after approval of the plans and specifications with the understanding that the contract will not be awarded until a preliminary assessment hearing, based upon a preliminary assessment roll, is considered by the City Council. Council requested the staff to keep the affected residents informed of the progress concerning the project, including the hearing when the preliminary assessment roll is heard, noting the importance of the prece- dent being set regarding concrete curbs and gutters on reconstructed streets in existing neighborhoods. All voted in favor. There was further discussion from four property owners along the Nicols Road frontage road north of County Road #30 with three property owners favoring the reconstruction of the service drive and one not in favor of the reconstruction, who suggested that the service drive could be reconstructed south of Sapphire but not north of Sapphire. Smith moved, Egan seconded the motion regarding the design of the service road described above to retain the frontage road and to include the design in the plans for the improvements. There was discussion concerning whether the Council ought to request further input from the other six resi- dents on the frontage road, but it was noted that all had been noticed and that they were not in attendance at the meeting. Smith and Egan voted yes, Wachter and Thomas voted no, and Blomquist abstained with the motion failing. Staff was requested to contact the affected property owners and to attempt to arrive at a proposed solution and to return the recommendation to the City Council. 3 00023 Council Minutes February 1, 1983 COUNTY ROAD #30 - DIFFLEY ROAD - PROJECT #306 The next continued public hearing convened by Mayor Blomquist consisted of Project #306 concerning the road improvements for County Road #30 from Nicols Road to Blackhawk Road. A hearing was first held on December 14, 1982 and continued to January 4, 1983. The County Highway Department was asked to conduct additional traffic studies as well as address other issues regarding the width of the road and pedestrian movement crossing County Road #30 if and when the road improvements are constructed. A large number of property owners were present as was County Engineer Bob Sandeen, and the traffic engineers, including John Voss, the Dakota County Commissioner for the District. Mr. Colbert reviewed in detail the project to date, and stated that the Minnesota Department of Transportation would redesign the intersection of I-35E if it is not upgraded to a 52 foot width and noted that there would be state aid contributions based upon existing and anticipated traffic volumes. Mr. Voss stated that there is a great deal of competition for the funds at the present time and it is important to comply with standards. He also noted the poten- tial for long-term costs that could arise if the road was required to be improved again at some time in the future. There was discussion concerning the City policy of assessment for residences along County Roads, depending on whether there is direct access to the County Road. There were questions about traffic controls at Rahn and also Blackhawk Roads, and Mr. Colbert stated that there are no plans for signage at Blackhawk and County Road #30 but they can be requested if traffic counts warrant. There were many persons who objected to a wider road and some questioned the accuracy of the January 1983 traffic counts. At 8:20 p.m. the Mayor moved to close the public hearing, Egan seconded the motion and all voted in favor. Thomas then moved and Wachter seconded the motion to order in Project #306, County Road #30 Street Improve- ments as proposed, including the frontage roads, and further, that the City continue to work with the Dakota County Highway Department to attempt to reduce the width of the roadway down to 46 or to 48 feet, if possible; further, that a stop sign be installed at Rahn Road and County Road #30. Councilman Wachter was concerned about the slowness in the County acting to straighten the curve in County Road #30 east of Christ Lutheran Church. Mayor Blomquist stated she would vote yes because of the clause in the motion, regarding an attempt to reduce the width below 52 feet if possible, but stated that she felt that if the project had been commenced at an earlier time, that the roadway could have been somewhat narrower. All voted in favor. 4 OCO24 Council Minutes February 1, 1983 ROBIN LANE - PROJECT #368 - STREET IMPROVEMENTS The next public hearing convened by Mayor Blomquist concerned the pro- posed street improvements under Project #368 consisting of Robin Lane. Mr. Colbert and Mr. Rosene explained the two alternate alignments and went through the project in detail. It was anticipated that all costs would be assessed and an estimated assessment roll had been prepared and was submitted to the Council and all persons interested. Kenneth Hassler was present and objected to the assessments in that he stated he would get no benefit because there was no further use intended to his lot from Robin Lane, noting that his main access is to Blackhawk Road. John Uban and Vasco Bernardi of Metram Proper- ties were present and stated that they intend to buy land from Hillcrest Development Company to gain access to Robin Lane. Hillcrest Development and the Goodman family are the two other large property owners affected by the project. Access to Highway #13 from Robin Lane would necessarily be vacated for roadway purposes but retained for utility purposes. Mr. Uban stated that alternate No. 1 is preferred, but the property owners would not object to alternate No. 2 noting that access to Highway #13 would be extremely close from Blackhawk, if alternate No. 1 is implemented. Mr. Bergstrom and Mr. Pomeroy were not present nor represented. Smith moved, Wachter seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications with the recommendations that Mr. Hassler request a deferment until his lot, Lot 6, Blackhawk Acres, is split or divided, and further recommended that the suggestion of Mr. Uban, that the other property owners help to defray the assessments on the Hassler property be implemented; further, that alternate No. 2 be utilized in the preparation of the plans. All voted in favor. IMPROVEMENT PROJECT #369 - SHEFFIELD ADDITION - STREETS & UTILITIES The next public hearing convened by Mayor Blomquist consisted of Project #369 concerning street and utility improvements to Sheffield Addition. There was no appearance on behalf of the developer, Gabbert Development Co. and no objections to the improvements. There were several property owners from Lakewood Hills Addition who were concerned about a boundary line dispute along the south line of Sheffield Addition. Egan moved, Thomas seconded the motion to close the hearing, to order in the project and to authorize preparation of the plans and specifications, noting the final plat had not been approved as yet. All voted yes. 5 00025 Council Minutes February 1, 1983 EAGLE'S NEST HOME - BETTY BASSETT Application of Betty Bassett, Eagle's Nest Home for an amendment to the Eagan Hills West Planned Development to allow a change in the proposed Eagle's Nest Home and to allow R-2 as underlying zoning located on Lots 101 through 104, Block 1, Meadowlands 1st Addition, was next discussed. Mr. Hedges re- viewed the background of the application of Mrs. Bassett and stated a public hearing was held by the Advisory Planning Commission on January 11, 1983 to consider the application. The amendment would include a request to change the 32 person occupancy of Eagle's Nest Home for the handicapped to an 18 person facility and also to clarify the underlying zoning of the four lots. The Advisory Planning Commission recommended that the application be reviewed by the City Council to clarify the intent of the City Council when it acted upon the application for the home in 1976. The City staff, including City Attorney Paul Hauge, prepared a memorandum dated January 26, 1983 reviewing the history, and Dale Runkle attached copies of Minutes and other documents to the packet distributed to the Council. Mrs. Bassett was present and stated that she wanted to remove the application for rezoning and requested that the City Council only consider clarification of the underlying use on the property within the planned development for Eagan Hills West. She distributed copies of a July 20, 1976 letter from Charles Slocum, together with survey attached, indicating that Parcel 3 on the Hedlund survey of 1976 did not conform with the current four lots, but indicated that the intention was that Parcel 3 on that survey was the parcel that was originally intended for Eagle's Nest Home, consisting of two acres. It was noted that the acreage has now been reduced and that the lots had been included in Meadowland 1st Addition. Councilman Egan stated that the use should conform with the intent of the Advisory Planning Commission and Council of 1976. Councilman Smith noted that Planning Consultant Voss, in 1976, stated that the use was suitable and no rezoning was required; further, that a less dense use is being proposed at the present time. Councilman Wachter and Councilman Smith were on the Council in 1976 and Mayor Blomquist was on the Advisory Planning Commission, each of which spoke as to the recollection at that time when the application was submitted and approved. A number of neighboring property owners in Meadowlands Addition appeared, generally opposing the project. After extended discussion, Smith moved, Egan seconded the motion that the Council be on record acknowledging that the zoning of the property in 1976 at the time of the approval of the Eagle's Nest Home 32 unit facility, in 1976 or prior, was for a multiple residential use for reasons including the following: 1. He noted that Consultant Voss in 1976, stated that the property in his Memorandum was suitable for the proposed use and that no rezoning was required. 2. That the proposal of Mrs. Bassett at the present time is for less dense use than that proposed in 1976. 3. That in the event that there is a reversion to the underlying zoning, it could provide higher densities than the PUD concept if approved. 6 00026 Council Minutes February 1, 1983 4. The developer had proposed in the original planned development, that the parcel be a proposed outlot, not a part of the single family district plat. 5. A building permit had been authorized in 1977 for 160 foot by 132 foot single-story structure. 6. That the land use to the south is R-2, that there is a large former farm home to the north and that there are streets on the east and west; further, that the four lots are larger than the standard lots in Meadowlands 1st Addition; further, that the planned development allowed for cluster home use for up to 4 units per acre, which would appear to conform; that a town- house proposal was approved in 1976 which would appear to reflect approxi- mately an R-3 type zoning or use; that only one service stub was installed to service the property; now there are four lots so that it may, even under R-1 zoning, provide for up to six handicapped persons per lot. A number of the neighboring property owners had questions and comments, including objections to the proposal stating that the proposed use would be too dense and possibly the building would be too large for the site. Concerns were those of the impact on children, the claim that there would be a number of buses involved each day and the potential for converting the use to some other use. It was noted that the decision was unanimous in 1976 by the Council. Lowell Berg, a realtor, stated that the City staff had told him when he was selling homes in the area, that the lots were zoned R-1. Mary Olson, the owner of the farm home to the north, asked whether it's possible to build the same facility on the 1.37 remaining acres, and Ms. Bassett stated that the facility could be constructed and still conform with the ordinance requirements, noting that she has acquired a building permit for the project. There are a number of single family homes that have been built since the approval, and this appears to be the only change in the circumstances. Councilman Egan stated that the central issue is whether a change from 32 to 18 persons or units should constitute a rezoning and it was his opinion that no rezoning would be required. Those in favor were Smith, Egan, Blomquist and Thomas, against was Wachter. The motion was adopted. OFF-SALE LIQUOR LICENSE POLICY CHANGE AND MGM OFF-SALE LIQUOR LICENSE A request had been received from Michael Gresser requesting a change in the policy for the off-sale liquor license to accomodate an off-sale license in the Cedarvale Theatre Building. There was no appearance on behalf of the requesting party. It was further noted that an application had been requested by MGM Liquors for an off-sale license in the Theatre Building, but the application has not been submitted at the present time. Wachter moved, Egan seconded the motion to continue consideration of the issue until the March 1, 1983 meeting. All voted in favor. 7 O(}027 Council Minutes February 1, 1983 RELIANCE BUILDERS - FISH LAKE ADDITION - PRELIMINARY PLAT The application from Reliance Builders, Inc. for preliminary plat approval of Fish Lake Addition was recommended to be continued until the February 15, 1983 regular meeting. Egan moved, Smith seconded the motion to approve the recommendation. All voted in favor. SHEFFIELD ADDITION - FINAL PLAT The application of Ches Mar Development, Inc. for final plat approval of Sheffield Addition was next considered by the Council. The owners in Lakeside Hills Addition again appeared objecting to the south property line location, noting that there is a discrepancy in the surveys for Sheffield Addition in relation to the Lakeside Hills Addition north line. There was discussion concerning the error and Mr. Colbert stated the County Surveyor will review it for accuracy. It was also noted, however, that the Lakeside Hills property appears to be torrens and there was concern about whether the boundary line had been registered. Mr. Colbert further stated that if the lot line is moved northerly, the lots in Sheffield Addition would not appear to be adversely affected. Smith moved, Thomas seconded the motion to continue consideration of the final plat until the staff, together with the developer and property owners review the issue with the County Surveyor, noting that the advertising for bids for the improvements in Sheffield Addition will not be done until the final plat has been recorded. All members voted yes. TWIN VIEW MANOR 2ND ADDITION, ET AL - CONTRACT #82-4 Request for final payment through the consulting engineers has been submitted for Contract #82-4 consisting of projects #335B, #340B, #341B, and #346B, together with Change Order No. 1 to the Wilderness Run Road Trail Extension (MnDOT Grant) and recommended for approval. Upon motion by Wachter, seconded Egan, it was resolved that the Council approve the fifth and final payment under Contract #82-2 to Bituminous Roadways, Inc. in the sum of $31,908.84 and accept the projects for perpetual maintenance. All voted yea. CONTRACT #82-5 - COMSERV 1ST ADDITION It was recommended that the Council accept the Comserv 1st Addition improvements under Contract #82-5 and upon motion by Egan, seconded Wachter, it was resolved that the fifth and final payment in the amount of $4,677.41 to Opus Corporation for Contract #82-5 be approved and that the project be accepted for permanent maintenance. All voted yes. 8 006 8 Council Minutes February 1, 1983 CEDAR ELEMENTARY SCHOOL - DRIVING SCHOOL REQUEST A request from the Dvorak brothers for use of the Cedar Elementary School for a Driver's Training Center was next brought before the Council. There was no appearance by the applicants, although they were notified about the time for the meeting. Smith moved, Egan seconded the motion to deny the applica- tion with the understanding that it could be reinstated by future application. All voted yes. It was further noted that future approval of the proposal would be subject to the School District's consent. JOINT CABLE COMMISSION UPDATE There have been no Cable Commission meetings since January 6, 1983 with the next regular meeting set for February 10, 1983. Telecommunication Manage- ment Corporation is reviewing the proposal from Group W and there was discus- sion concerning a possible joint meeting of the Burnsville and Eagan City Councils with the Commission in the near future. HOUSING PLAN MODIFICATION - PUBLIC HEARING The HRA has been advised by legal counsel that the Eagan City Council should again set a public hearing for the Housing Plan Modification, noting that a hearing had been held in November of 1982. It was recommended March 15, 1982 be scheduled for such a hearing. The proposed single family mortgage revenue bond program submitted to the Minnesota HFA for West St. Paul and Eagan is ranked number two in the ranking process and apparently the state is planning to fund three programs. Smith moved, Thomas seconded the motion to set a public hearing for March 15, 1983 at 7:00 p.m. at the City Hall to consider the Housing Plan Modification. All voted yes. PUBLIC WORKS DEPARTMENT - PROJECT #297R REASSESSMENT HEARING - JAMES HORNE Mr. Colbert recommended the City Council schedule a separate date for a hearing concerning Project #297R regarding the objections that have been filed by James Horne concerning the reassessment project. It was noted that a date had been set for March 1, 1983 and upon motion by Wachter, seconded Egan, it was resolved that the hearing be rescheduled from March 1, 1983 to Tuesday, March 29, 1983 at 7:00 p.m. at the City Hall. All voted in favor. 9 00029 Council Minutes February 1, 1983 PROJECT #370 - DAKOTA COUNTY PLAT #1 MnDOT COOPERATIVE STORM SEWER AGREEMENT Tom Colbert reviewed with the Council two alternates regarding a Cost- Participation Agreement for storm sewer purposes for the pond located on Dakota County Plat #1. He recommended that the City authorize MnDOT to pre- pare a Cost-Participation Agreement so that the appropriate supplemental Agreements to the contract will be executed and further recommended Alternate No. 2. Upon motion by Egan, seconded Wachter, it was resolved that the Council request MnDOT prepare a Cooperative Storm Sewer Agreement for Alter- nate No. 2 of S.P.1982-51, I-35E/Cliff Road (County Road 32) and authorize the Mayor and City Clerk to execute said Cooperative Agreement upon approval by City staff. All voted yea. R 83-3 CHECKLIST Egan moved, Thomas seconded the motion to approve the following checklist dated: February 1, 1983 All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:05 p.m. PHH City erk 10